Sold my car to a person.. all of a sudden it has problems..

[BobbyNY]

I'm from Pennsylvania, sold the car to someone in NY

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2000 Ford Explorer XLS

I never had a problem with the car, not 1 for the 1 year I owned it. I had oil changes all the time, bought the car new tires.. did everything to it. I'm moving the west coast and wanted to get rid of it, and sold it to a private person.

all of a sudden everything goes wrong. I get a letter, from the buyer, saying the 'head gasket' had to be replaced and he's out $2500 because of it. He wants that money from me. (he found these probs 2 weeks after the sale).

Am I responsible to pay this bill? (which by the way I've never seen.. i've just seen his letter asking for the money). I know the Lemon Law doesn't apply because Im a private person and not a dealer.. but what gives? Not to mention, the car HAS a warranty..until 2006, which I know he contact and the service facility did receive the money to repair.

I called him, told him I knew that the warranty paid to fix the car.. so why are you still harassing me? he said that now, theres ANOTHER problem with the Head. It needs to be replaced and Warranty company denied that claim bc he just had the head gasket repaired. When I called the Company they laughed and said he never even called them, or tried to file another claim..

so whats going on? He's threating to take me to court over this $2500 which in his letter was ment for the "head gasket" now is meant for the "head".. can he do this!?

 

[Who's Liable?]

Tell him to pound sand and that you're onto his game... and have a nice move =)

 

[BobbyNY]

LOL I told him all I knew and he still denys it and says im wrong and wants to take me to court over this, is this not insane?

 

[teflon_jones]

If the car is under warranty, then he can't ask you for money. In New York, the lemon law does apply to private sellers for any sale over $1500 (or $1000? not sure, I moved away 9 yrs ago). But since this is an out-of-state sale, I'm not sure how that applies.

Regardless, if the vehicle was under warranty, and the buyer had it fixed under warranty, they can't ask for money from you. Did you put that you're selling the vehicle "as-is" on the bill of sale? You should ALWAYS put that!!!

 

[BobbyNY]

teflon,
after reviewing the Lemon Law in New York, it states


Used Car Sales
The rights of consumers who purchase motor vehicles in New York depend primarily on whether the purchase was from a dealer. If the consumer purchased his or her used car from a dealer -*-* someone in the business of selling used motor vehicles or who sells or offers for sale more than five motor vehicles in any calendar year -- state law protects him or her from defective motor vehicles.[41] However, under the Used Car Lemon Law, discussed further below, a dealer is a person or business who sells, offers for sale, leases or offers for lease at least three vehicles in the prior year[42]. If the sale was from a private party, the consumer is in a much weaker position if the deal goes sour.
--

This is the first, and last car i'll ever sell.. so where does this leave me?

 

[teflon_jones]

Let him take you to court. It sounds like he has no case. As for your last post, if that's a direct quote from the law, being in a weaker position leaves him worse off, and you better off. But a weaker position isn't necessarily a lost position, he could still win in court. I'm betting the law further defines this statement.

Call the warranty company again to confirm your previous post (no call placed by him), or have the information handy on time/date/name of the person you talked to about this. The more facts you have the better. Did you put "as-is" on the bill of sale? If so, there's absolutely nothing he can do. Tell him to leave you alone.

 

[BobbyNY]

No I didn't! The only bill of sale we used was the generic from NYS DMV. Which was just the car's VIN, sale price etc.. signed by both of us.

I just didn't think he could contact me for money, when there is a warranty. I've confirmed the details about his phone calls, time after time, and actually spoke with his claim adjuster, personally.

I know, even the exact details of what was paid and for what reason (labor, parts, etc.) - I never had 1 issue with this car, all of a sudden he finds 2.. go figure.

And yes, that was a direct quote from NYS DMV's website detailing the Lemon Law. In the interstate sale, the NYS laws apply because its the state of sale, i called the DMV on this too, after he kept calling and writing me letters.. i did a lot of homework.

 

[teflon_jones]

If the vehicle is under warranty, and especially since he's already utilized this warranty, his issue is with the warranty company, not you. If he could prove somehow that you knowingly sold a vehicle in bad faith (such as advertising it as an accident free car when you'd in fact crashed it personally), then he'd have a case. But for a bad head gasket, he's got nothing!

 

[BobbyNY]

Teflom, You just made me feel a whole lot better!

its funny, because the truck was just Pennsylvania State Inspected 8/04.. and Had its annual all points check done at the deal 9/04 and I sold it 11/04.. and all of a sudden he claims theres these problems which 'are more then a year old'

get a life.. Thanks Teflon!

 

[BobbyNY]

Sorry that I'm bringing this back up, but I have further news.

I got a summons to appear in court now for this matter. He's now suing me for $3000 for: "action to recover monies arising from defective merchandise"

For this case, he'd have to prove that I sold him this car, damaged.. correct? He'd also have to produce bills for repairs (which I know he has one, I did some investigative work) and prove that fact that the warranty company wouldn't pay for these repairs correct?

It baffles me how he can sue me for this, being I sold him the car in 11/04 and the car has a warrenty..

 

[BelizeBreeze]

Sorry that I'm bringing this back up, but I have further news.

I got a summons to appear in court now for this matter. He's now suing me for $3000 for: "action to recover monies arising from defective merchandise"

For this case, he'd have to prove that I sold him this car, damaged.. correct? He'd also have to produce bills for repairs (which I know he has one, I did some investigative work) and prove that fact that the warranty company wouldn't pay for these repairs correct?

It baffles me how he can sue me for this, being I sold him the car in 11/04 and the car has a warrenty..

He can produce any bill he wants. And yes, anyone can sue anyone for just about anything. But, in this case, a used car is a used car. And unless he can prove that you KNEW there were problems with the car and withheld that knowledge from him, thus committing fraud, he will be throwing away his money.

 

[teflon_jones]

"Let the buyer beware" applies here. You have nothing to worry about! The burden to prove that you owe him the money lies entirely on him. Bring along documentation showing that the vehicle is under warranty to back yourself up, though you shouldn't even need this. But it always helps to be over-prepared rather than under-prepared!