I sold a car, the guy came back 6 months later threatening a lawsuit, does he have a chance?

Question

I sold a car 6 months ago I recieved a letter yesterday stating that he wants to sue me. The car was a '91 camry, and had many problems I even told him that there was a cracked rediator, he is now citing the radiator as grounds for me knowingly selling a defective vehicle, I signed the title over, cashed his check, and he was gone. wondering if anyone has any experience with anything like this. I live in colorado if that makes any difference.

Answer 1

So let me get this straight.

I buy your car.
I take it for repair.
I make YOU pay for it.
So you essentially refund me my money.
In the end I have a nice working car all paid by you.

Forgetboutit! All private sales are as-is (as-is = no warranty).

Just make sure you let it be know in court that all sales was "as-is" and final.
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Besides, your car was a 91. NOBODY expects a car that's complete and without problems on a used car that's 16 years old. If he didn't expect repairs on a slightly used car (let alone a 16 year old car) he's out of his mind.

Good Luck

P.S. If the courts allowed this then even the suer will have to guarantee his car after HE SELLS it.

P.P.S. Sue him back for harassment.

Answer 2

I think that's when local media can come in and help. Local media can do those kind of stories to make dealership/owners look real bad, so they'll do something about it or get tons of angry response from public. I think theres something pretty messed up if they let you drive off when financing didn't go through? What the hell. I don't know what's the deal with your first car deal, but sounds like the dealership basically took back that deal to recoop some lost after fire. Sounds almost like they stole their car back. I think what I want to know is whats going on with vehicle title? I GOT IT. They must had some load of crack coke or weed in that 1st car that's worth lot of money. And thats why they paid up so much towards your second car. I have no other idea why the dealership will buy back a car at lost. And some idiot were smoking pot inside dealership, got high and burnt it down. After that the sales people tricked you into bringing the car back. Mystery solved. Doesn't that story kind of make sense though? I mean.

Answer 3

Bottom line, you dont have to refund him the money...If he threatens a lawsuit, tell him that you would be happy to settle it in court (its usually always a threat). If he continues to call and harass, tell him to either serve you with papers to go to court or stop calling you or else you will call the police....Usually it will be settled in small claims court where you dont even require to have a lawyer on either side...If you have good documentation and state that you made it clear there was some issues with the car. tell them you provided the option of allowing him to have the car inspected by a mechanic prior to purchase.... Furthermore, since it has been 6 months following the purchase, since he has contacted you about this, he has no proof that this issue developed (or worsened)after you sold him the car... As everyone else says, the car was sold as is and that you stated everything that you were aware of at the time regarding the car...it was his responsibility have the car inspected prior to the purchase if he wanted a guarantee of some sort...good luck...he will go away and most likely will not follow through..dont bother arguing with him with these points unless he takes you to court...Otherwise, avoid contact..

Answer 4

I really don't see how he could do that. Especially being 6 months ago, and you told him that the car was defected before you sold it. He is just a bad person trying to get his money back. I really don't think he can.

Answer 5

Used cars from private individuals are sold "as-is". He has no grounds to sue you. He could have taken the car and had it checked out before he bought it. Tell him to go pi$$ up a rope and if he contacts you again, you will have him charged with harassment.

Answer 6

Very small, it has been way to long to be able to file these now. He also should have asked for a mechanic to look at it or get a history report. This is just plain old lawsuit abuse. PLus, what did he expect from a 16 Year old Car?

Answer 7

if there is a contract that states no warranty, or says as-is you are fine, not problem. As a matter of fact, even if the contract fails to metion any warranty, it's assumed an as-is sale. If there is no contract, it's your word against his, but still everything being equal wll be considered as-is. You are in the clear unless you signed something stating warranty.

Answer 8

A lawyer won't even look at it. Tell if he continues to harass you. You will have a restraining order issued. He's an idiotOh yes, do NOT do anything in the way of repairs or refund any money. That might imply warranty and then you would be responsible.

Answer 9

The wonderful thing about the American system of law is that if you can afford to hire a lawyer, you can sue anyone for anything. It doesn't mean you will win, but sometimes just the harassment factor is enough to make the other guy settle.

In your case, the other guy doesn't really have a snowball's chance in Hades, but he can make it expensive for you to defend yourself. I'd countersue for harassment and make him pay your legal expenses.

Answer 10

USUALLY used cars are sold AS IS. Get a lawyer cause this guy sounds like the SUE HAPPY SOB that clogs up the courts. What all was wrong that you kept hidden? I wouldn't see that you are liable---but stranger things have happened.