Massachusetts
My brother acquired an old used car a few months back. We made some repairs to it ie, brakes and suspension and decided to register it keep it as an extra car for the winter. We drove it for about a month without any problems. The car was registered and titled under my name though it was primarily my brothers cars.
He decided to sell it since winters almost over and we don't really need an extra car, so he posted an ad on craigslist and a young guy saw it and came by to see it. He liked the car, drove it, my brother pointed out all known problems with it and all the repairs we had done. The guy said not to worry about the problems because his uncle is a mechanic and he'll fix anything that's wrong with it. My brother offered to let the guy get the car checked out before he buys it but the guy declined.
He then had to wait almost 2 weeks to be able to buy it because we ourselves had not received the title yet from the RMV. When we got the title I signed it over, and had my brother take care of the transaction since I would not be there at the time. The guy came with the money, and my brother gave him the car and the title, no bill of sale.
A week later the guy texts my brother saying the transmission is slipping and he wants his money back etc etc. My brother tells him that we drove the car for over a month without any transmission problems, and reminded him that we offered to let him get the car inspected beforehand.
The guy then says that MA gives 30 days to return the car. My brother directs him to the actual law which states...
"The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle’s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use."
The guy then texts him calling him a scumbag etc.
Few days later we get a voicemail from a cop. The guy apparently went to the PD and claimed we were in violation of the law for not giving his money back. The message said something like "such and such feels that you're in violation of the Lemon Law and says he will take you to court, we would like to encourage both parties to resolve this matter privately"
Then he lawyers up and I receive a letter from the lawfirm (since I was the technical owner of the car) basically restating his claims and that he feels that we knew the transmission had problems and that he wants his money within 20 days or else he intends to file a lawsuit, at which point he will provide all of his service records and get a transmission expert to prove that we knew the transmission had a problem prior to selling the car.
Honestly how can anybody prove another persons knowledge or intent? Should I even take this seriously? Will his lawyer really try and take this to court?
Some people have told me to write back to the lawyer and explain my side, but others have strongly discouraged me from doing so and have told me to retain a lawyer and have them deal with it.
My brother acquired an old used car a few months back. We made some repairs to it ie, brakes and suspension and decided to register it keep it as an extra car for the winter. We drove it for about a month without any problems. The car was registered and titled under my name though it was primarily my brothers cars.
He decided to sell it since winters almost over and we don't really need an extra car, so he posted an ad on craigslist and a young guy saw it and came by to see it. He liked the car, drove it, my brother pointed out all known problems with it and all the repairs we had done. The guy said not to worry about the problems because his uncle is a mechanic and he'll fix anything that's wrong with it. My brother offered to let the guy get the car checked out before he buys it but the guy declined.
He then had to wait almost 2 weeks to be able to buy it because we ourselves had not received the title yet from the RMV. When we got the title I signed it over, and had my brother take care of the transaction since I would not be there at the time. The guy came with the money, and my brother gave him the car and the title, no bill of sale.
A week later the guy texts my brother saying the transmission is slipping and he wants his money back etc etc. My brother tells him that we drove the car for over a month without any transmission problems, and reminded him that we offered to let him get the car inspected beforehand.
The guy then says that MA gives 30 days to return the car. My brother directs him to the actual law which states...
"The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle’s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use."
The guy then texts him calling him a scumbag etc.
Few days later we get a voicemail from a cop. The guy apparently went to the PD and claimed we were in violation of the law for not giving his money back. The message said something like "such and such feels that you're in violation of the Lemon Law and says he will take you to court, we would like to encourage both parties to resolve this matter privately"
Then he lawyers up and I receive a letter from the lawfirm (since I was the technical owner of the car) basically restating his claims and that he feels that we knew the transmission had problems and that he wants his money within 20 days or else he intends to file a lawsuit, at which point he will provide all of his service records and get a transmission expert to prove that we knew the transmission had a problem prior to selling the car.
Honestly how can anybody prove another persons knowledge or intent? Should I even take this seriously? Will his lawyer really try and take this to court?
Some people have told me to write back to the lawyer and explain my side, but others have strongly discouraged me from doing so and have told me to retain a lawyer and have them deal with it.