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sold a car

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L

legalhelpneeded

Guest
I sold a car to a gentleman. After we made the deal I told him about a car cover and bike racks that I wanted to sell also. He said that I should throw them in. I refused letting him know I could sell it on ebay... He gave me a deposit of 300.00 when he was leaving he said that if "I was a nice guy, and that if I wanted to I could throw in the car cover and bike racks." I did not agree. My question is am I liable? When I never agreed or put anything in writing. I had the individual sign a contract stating that I sold the car "as is" with no warranties and if anything goes wrong with the vehicle it was the responsibility of the buyer. I had him sign and put his drivers license on it. I never mentioned anything about the either accessory in the contract. He is also sueing me for aledgedly driving the vehicle 200+ miles which is comletely false. I had to drive to work and to a few appointments before I gave the car to him (approx 80 miles). And I never agreed not to drive. Everything he is suing he does not have any documentation. He does however have his brother who was there durring the transaction. When I gave the individual posession of my car he knew all the facts and gave me a check. If he did not want to deal shouldn't he have made his case then? What if his brother lies? does the judge take into consideration if it is a sibling who is the witness.

thank you in advance for your help

robert
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

IF you said AS IS, you should be okay. If nothing was in writing about the accessories or the 200 mile thing, his loss. If he truly wanted that as part of the deal, he would have been smart enough to put it in writing.

Legally speaking: no prior written or oral assertions or contemporaenous assertions at the time contract made can be admissible to contradict terms in contract. This is the parol evidence rule.
 

LegalBeagle

Senior Member
lawrat said:
Legally speaking: no prior written or oral assertions or contemporaenous assertions at the time contract made can be admissible to contradict terms in contract. This is the parol evidence rule.
Have you been taking those French lessions again Lawrat ??
 

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