warranty on a sold vehicle

[ib1ru122002]

What is the name of your state (only U.S. law)? Utah

New to this site, thank you in advance for any advice given.
I had an ad posted on a popular website for listing vehicles for sale, and after 2 or 3 months of price lowering, etc.. was able to finally sell the vehicle. The buyer that ended up purchasing it came into my office, asked to test-drive the vehicle, and promptly came back saying that he would like to purchase it. We negotiated a price, I had him sign a Bill of Sale (which a secretary in my office notarized) and he gave me the cash and left.

Well, 4 weeks later he contacted me stating that he had taken the vehicle into the dealer to have a noise looked at that he was hearing in the front suspension. He stated that the warranty on the vehicle didnt cover the part that was damaged, and asked me to pay the $1400 repair bill. I told him that I was sorry that happened to him, but that he purchased the vehicle in AS IS condition (which was specifically stated in the Bill of Sale), and that any repairs he wished to make to the vehicle would have to be on his tab. He proceeded to tell me that my ad on the website that I had it for sale on stated that there was a "2 year full-service warranty" left on the vehicle, and that I should be responsible for the repairs because they weren't covered by said warranty. He then proceeded to tell me that he had since purchased an extended warranty to cover the vehicle from the time he purchased it, to a future date equal to 2 years from the date he purchased it from me (asking that I pay another $2300).

Bottom line is this, I let him know that I didn't feel responsible for the repairs or to pay for the extended warranty due to the following:
He did not mention one word to me about the warranty prior to purchasing the vehicle. He signed a notarized bill of sale document that specifically stated that the vehicle was sold in AS IS condition. He is relying solely on an ad that I had posted as absolute fact, and interpreting the ad so it benefits him. He has since filed a small claims suit against me, and hired a local attorney to represent him.

I would just like to know if I need to worry about anything, and if so, what approach I should use as a defense.

Thanks again for any advice

 

[Mass_Shyster]

I don't know what a "full-service warranty" includes, and you may be liable for something if whatever warranty was remaining was not a "full-service warranty".

I don't see how you could be liable for a $1400 repair, if he had a $2300 warranty that covered from the time he purchased the car.

I think you should let the judge sort it all out. I doubt s/he will find for $3700. Bring all your paperwork, especially the signed, notorized, bill of sale stating "as-is".

I also think his attorney must be desperate for work.

 

[ib1ru122002]

I don't know what a "full-service warranty" includes, and you may be liable for something if whatever warranty was remaining was not a "full-service warranty".

I don't see how you could be liable for a $1400 repair, if he had a $2300 warranty that covered from the time he purchased the car.

I think you should let the judge sort it all out. I doubt s/he will find for $3700. Bring all your paperwork, especially the signed, notorized, bill of sale stating "as-is".

I also think his attorney must be desperate for work.

Thanks for the reply. Doesn't the law state something about buyer to verify all info? I didn't intentionally misrepresent the 2 year "full-service" warranty, and I don't feel it should be my issue if it didn't cover something he wanted fixed..

You see those car ads in the classifieds all the time that state things like, "Car runs perfectly" or "unblemished interior".. So does that mean if I purchase the vehicle and feel that the car doesn't run "perfectly" that I would have grounds to sue? Or if I find a pin-drop sized chocolate milk stain under the backseat mat, I'm good-to-go on the lawsuit?

The court date is set for April 14th. His attorney has contacted me several times asking if I was going to retain council. I just laughed and said the whole case was a joke.

Thanks again.

If anyone else has an opinion, that would be helpful as well.

 

[Zigner]

Thanks for the reply. Doesn't the law state something about buyer to verify all info? I didn't intentionally misrepresent the 2 year "full-service" warranty, and I don't feel it should be my issue if it didn't cover something he wanted fixed..

You see those car ads in the classifieds all the time that state things like, "Car runs perfectly" or "unblemished interior".. So does that mean if I purchase the vehicle and feel that the car doesn't run "perfectly" that I would have grounds to sue? Or if I find a pin-drop sized chocolate milk stain under the backseat mat, I'm good-to-go on the lawsuit?

The court date is set for April 14th. His attorney has contacted me several times asking if I was going to retain council. I just laughed and said the whole case was a joke.

Thanks again.

If anyone else has an opinion, that would be helpful as well.

"Car runs perfectly" is an opinion and can change in an instant
"unblemished interior" ditto

"Car has a 2 year full service warranty" is pretty specific. THAT'S where you're going to run in to problems.

Why didn't you transfer the warranty over to him?