Used car sale..buyer wants repairs 9 months later??
Sold used car as is…buyer wants repairs
We sold a used car. The buyer did not take it for an inspection and had his attorney draw up an AS IS contract that was signed by all. We told him that all repairs and records were at "xyz" shop and gave him any paperwork that we could gather. It is now nine months later and he called to say that the XYZ shop told him about an issue with the car that occured while the car was ours but that we had decided not to repair it as it did not affect the driveability nor the safety of the car. My husband drove the car approx. 6 months after that and it was fine. He wants over 1,500 from us to repair it and claims he has a case based on fraud. Is this worth getting an attorney for?
Car sold as is.
No inspection
Nine months have passed
thanks for the replies…
he is claiming "fraud" stating that we didn’t tell him that it needed that repair. He only found out about it when after driving the car for 9 months he took it to the mechanic (which we gave him the full name number etc..because we had nothing to hide) and the mechanic said..oh …that was a problem before but the owner didn’t fix it because it wasn’t necessary. We in fact drove the car 6-7 months after that diagnosis with no problems. Case of fraud??????
oh…he was the one who brought the as is contract and claims he had it written up by his lawyer friend. The car was not over 7k dollars .
Filed Under Used Car Buying Tips | 19 Comments
Tagged With 7 months, 9 months, diagnosis, driveability, fraud, lawyer friend, mechanic, nine months, occured, paperwork, xyz
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19 Responses to “Used car sale..buyer wants repairs 9 months later??”
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counter sue. have papers. have credible witnesses.
You shouldn’t be responsible for any repairs for that vehicle. I think that’s crazy that the person wants you to pay.
They have no case. "As is"contract supercedes any implied conditions or warranties.
No, He has to prove fraud. Sold as is says it all, let him take you to small claims court.
Its gonna cost him alot of that 1500 to take it to court. Tell him to go fly a kite. If he does take you he didn’t have any due diligence when he bought the car. I would say to bad buddy. Your prob now. I thing a judge would agree…
I sold my car "as is" I did tell the buyer SOME of the things wrong with it, and he took it for an inspection. I think it was really up to him for the repairs. You did sell it "as is" and is that stated on the receipt or contract that you gave him? If it wasnt then you might have to pay but im not really sure.
He has nothing to stand on, the car was sold "as is" it was his job to inspect it at the time of purchase.
It makes me a little suspicious that he had an attorney draw up papers for a car sale. Unless it is a very expensive car, that seems like a it much.
I’m guessing he is bluffing, and using the "sue card" to pressure you into paying him, which he likely wouldn’t even spend on the car.
Since you had an attorney involved already to draw up the papers for the sale of the car I would probably lean to the side of caution and get an attorney for this. Worst case scenario is something happens to the car that is a result of the issue not being fixed when you owned the vehicle (even if you think nothing could happen) and you end up being sued after that.
I am not sure which type of full disclosure or lemon laws may apply in your state, nor am I an attorney, but I would recommend at least contacting one and finding out if you may be at fault.
Better safe than sorry.
If he’s suing you just for the repairs and not claiming any fraud, etc., then the case will go to small claims. No atty needed.
no need for an attorney unless he is taking legal action towards you.
Tell him NO. If he takes you to court, he’ll lose. If he does sue, try to get it on Judge Joe Brown and he’ll put the buyer in his place and you win not only the case but a fee for appearing on the TV show.
Judge Joe calls it Empire Caveat or "Let the buyer beware"
I’m not an expert but the thing that pops out to me is that it’s 9 MONTHS LATER…obviously the car was in a drive able condition for him to drive it for 9 MONTHS…he owns the car…I feel bad that he has to go through that but it was a mistake on his part for not getting an inspection on the car….you don’t have to pay for his mistakes…but get his lawyer to talk to your lawyer and stop any communication with him…(I hope he doesn’t know where you live)
Two little words "As Is" trumps all. That’s it. The only way that there might be some small measure of a case would be if you were "in the car business" when it would be determined that you would have to have special knowledge of cars. It’s a put on. I doubt very much if you would have to even pay a lawyer. You could very likely have him tell you over the phone that the other guy doesn’t have a case. But do talk to one.
Unless the police get involved, you don’t need an attorney. IF he decides to sue you, it will most likely be small claims court (no attorneys). Tell the guy that it is "as-is", you have a contract with him stating the same, and you will not offer remedy for any repairs after the sale.
Basically, the situation is buyer beware and unless your state has a specific disclosure law for private (not commercial) sale of vehicles, you shouldn’t have to worry). Should you have to go to court, bring all the paperwork, including the contract, and you should be good to go.
Oh, and if you seriously are considering getting a lawyer involved, you might as well settle with the guy and pay him some money (1/2?) to go away – the lawyer will most likely suck more that $1,500 from you before the whole thing is over.
NOPE unless he has insureice but not for free
I work at a Car Dealership. Sometimes you’ll notice, that at bigger dealerships you don’t see many cars with 80,000 miles or more on the bigger lots. Why? Becuase of the liabililty factor, AND what your running into.
When the purchaser is looking at a "AS IS" vehicle. It’s just that, they are buying it "AS IS". It dosn’t get anymore plain and simple.
The issue found at the "xyz shop" isn’t even an issue, you told him the repairs and records were there. Before he purchased the vehicle, he could have done his own research.
As for fraud, there is no case. Fraud is the following……. any deception, trickery, or humbug, or to gain some unfair or dishonest advantage by being deceitful.
You were not in your story being deceitful, And buying a car "As Is" is the buyers responsibility to know that if something goes wrong, they are responsible.
I would recomend documenting any and all encounters or contact with this person. And gather any paperwork from the transaction 9 months ago. If he tells you that he’s getting any legal representation, I would invest in an attorney and counter sue for whatever the attorney says you can.
Good Luck!!!!
You can say ‘as-is’ and anything you want but if you didn’t disclose a pre-existing problem with the vehicle you could be made to fix the problem.
If you were aware of problems with the vehicle, you had the responsibility to inform the potential buyer of the vehicle. If any of the paperwork you gave the buyer mentions that problem then you can make the case that he had all the info reaquired to make an informed decision.
Do not get an attorney, it is a small-claims case. In CA you can meet with an advocate (I think they are law students) who will help you prepare your response if you are sued.
did he buy it ‘as is’ ‘as it should be’ or ‘as new’?
cordially invite him to bury his head in your rectum and fight for air. then thank his attorney for having you sign the ‘as is’ paperwork to begin with. stick a banana in his tailpipe on the way past for good measure.
he got what he paid for, which, for less than 7 grand, i’m quite certain was not a new bentley, plus he drove it another 9 months.
9 months = roughly 270 days.
7000 dollars / 270 days = 25.92 per day
cheaper than a rental!
if the contract he produced is for the car "as is", then thats what he bought…………not your responsibility so do not pay. this is why you never buy a car without an inspection……