Sold car as-is & now buyer wants to sue

[Alex02]

What is the name of your state? Ca

Welp, my car was in an accident & it was basically poorly repaired. After dealing with bad shops & paying about $3k to get it back in order my family decided to sell it off because we just didnt want to deal with it anymore. The car actually looked great (new paint, new panels, new big rims..etc), so we figured if we priced the car right we would be able to get rid of it.

I placed an ad on the internet disclosing EVERYTHING about the car & sold it for $4k (similar cars went for $7-9k). I wrote up a statement saying the vehicle was being sold as-is, where is, no warranties or guarantees of anything concerning the car registration or any other matters that could arrise in the future. I also included receipts of frame work done to the car, paint receipts, body panel receipts..etcHe agreed to this and drove off happily.

Today he emails me saying he took it to a shop and there were X amount of repairs from the collision that werent satisfactory & that the car was ruined. I do agree that the cars suspension probly wasnt in good shape & after problem after problem this is why we decided to sell it. He threatened to sue me now..



Ok, this is where i would like some input.
The original owner sold it to person A, then A sold it to B & I purchased from C. The car was originally from another state (idaho i think) and a CA title was never issued. Several bill of sales were attached from the transactions to A, B, C, myself & the new owner. I paid theout of state fees for Ca, but NEVER smogged the car in order to or transfered the title in my name or registered it in my name.

SO, no CA plates, Idaho title with a stack of bill of sales all attached to it.



Edit:

After searching the boards, in previous posts people have said that no matter what, I am responsible for all costs to get the car to pass a smog test. Am i responsible for fixing supposed frame or body problems OR refunding his money? On the transfer papers he wrote down that the car was sold for 25% of the actual amount he payed me for the car. If the court gave me the option of refunding his money would i have to refund whatever amount it says on the bill of sale or what he says he paid for it?

Is it possible to deduct any money from the actual cost of having a shop getting it to pass smog if i show that i sold the car to cover smog plus other costs. I really sold this car cheap because it wasnt smogged & was just an unfinished project you can say.

[Alex02]

What kind of lawyer should i hire if i ever go to court for this?
Ill be going through the yellow pages on monday.


Thanks

[teflon_jones]

Originally Posted by Alex02

Am i responsible for fixing supposed frame or body problems OR refunding his money?

No. Tell this guy to pound sand. You sold the car as-is. Period.

Originally Posted by Alex02

On the transfer papers he wrote down that the car was sold for 25% of the actual amount he payed me for the car. If the court gave me the option of refunding his money would i have to refund whatever amount it says on the bill of sale or what he says he paid for it?

None of this matter. He has no case.

Originally Posted by Alex02

Is it possible to deduct any money from the actual cost of having a shop getting it to pass smog if i show that i sold the car to cover smog plus other costs.

Again, he has no case, so this doesn't matter. The car was titled as an Idaho car, not CA.

[Alex02]

Thank you very much for the reply teflon_jones!
The whole issue with the out of state car and the legalities of smog was unclear to me so i had to ask.

This car i sold to him was a late model muscle car (camaro) with a good amount of money invested into it ($2k wheels, $1.4k paint job, great running engine & transmission). I DONT even know if his claims of it needing work to the repair any damages are even true! I did feel bad selling the car to him because i posted the car for sale on a camaro based enthusiast website & when i started talking to the new owner he knew ZERO things about these cars. In the ad i said the car would have to be towed because the fans dont turn on & when he shows up he tells me he drove 150 miles to come see it & that he wants to drive it home!!! After calling tow companies and finding out a tow would cost $600 he pleaded for me to help him find a way to get it to his house. So, i bypassed some wires and made the cooling fans run all of the time so he could make the trip home. The kid called me when he got home & was luaghing and braggin about he raced a new corvette on the freeway & beat it! I just couldnt believe he was that dumb... (car needed new rear tires and alignment plus the issue of overheating the car since cooling fans at highway speeds actually hinder the capacity to cool).


SORRY for babbling.
On monday i would like to consult an attorney to hear it from his own words.
What kind of lawyer would i look up in the yellow pages?


thank you

[teflon_jones]

Don't waste your money on an attorney. The other person has no case against you!!!

If you really want to talk to one, just consult a local general practice lawyer.

[Alex02]

Originally Posted by teflon_jones

Don't waste your money on an attorney. The other person has no case against you!!!

If you really want to talk to one, just consult a local general practice lawyer.

After talking with a local lawyer, she advised me to tell him that im willing to pay for all costs to get it to pass smog. She did mention that there is a possibility that a small claims judge make a judgment to refund the person the purchase price of the car subtracting the mileage & rental fees for a total of 2 months under which the car was in the new owners possesion for.


I already emailed the new owner & basically told him i could pay for the smog & smog repairs, but would not refund his money. I really hope this thing doesnt get taken to court..

Anybody know the statue of limitations for a transaction like this? Its already been 2 months since the vehicle was sold...

I question the wisdom of sending the email volunteering to do that work.The cost for the repairs could be quite high.Seems like the car has been canibalized to become a racer,therby removing much of the necessary equipt.to pass smog.With all respect,you asked a question and were told to basically ignore the guys requests.Now in writing you agreed to pay for work without any repair estimate.Slow down and think your actions through.