• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Being Sued, please help!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

shawn998424

Junior Member
I sold a car in New York State (2001 Hyundai Sonata at 150,000 miles) as is. 2 days later, the person who bought the car says that she brought it to a mechanic and is demanding compensation for repairs. I told her that I can not do that because I had NO previous knowledge of any problems to the vehicle. She test drove it and asked minor questions like how old is it and how many miles etc... She is now sueingme for $1600 what she paid. She claims that I sold her a lemon. 1) Am I exempt from the lemon law because this was a private sale, 2) Can she win her case? Also, no written warrienties were given and I told her that there were problems with the car prior to her purchasing the vehicle. Please Help!
 


HomeGuru

Senior Member
I sold a car in New York State (2001 Hyundai Sonata at 150,000 miles) as is. 2 days later, the person who bought the car says that she brought it to a mechanic and is demanding compensation for repairs. I told her that I can not do that because I had NO previous knowledge of any problems to the vehicle. She test drove it and asked minor questions like how old is it and how many miles etc... She is now sueingme for $1600 what she paid. She claims that I sold her a lemon. 1) Am I exempt from the lemon law because this was a private sale, 2) Can she win her case? Also, no written warrienties were given and I told her that there were problems with the car prior to her purchasing the vehicle. Please Help!
**A: do you have anything in writing about the problems that you told her about?
 

shawn998424

Junior Member
**A: do you have anything in writing about the problems that you told her about?
No because the Bill of Sale stated that it was being sold as is, with all faults. She didnteven want to take it for a test drive, i told her to so she could get a feel for the car. Customer never brought it to a mechanic until 2 days later.
 

sandyclaus

Senior Member
No because the Bill of Sale stated that it was being sold as is, with all faults. She didnteven want to take it for a test drive, i told her to so she could get a feel for the car. Customer never brought it to a mechanic until 2 days later.
Tell her to enjoy her new car. In your situation, the "Bill of Sale" rules.

You are not responsible for her failure to exercise her right to have her own mechanic inspect the vehicle to verify it's condition prior to her completing the purchase. She had ample opportunity, and chose not to inspect. Now she gets to pay for the cost of repairs.
 

swalsh411

Senior Member
This women suing you is living on another planet if she thinks she will win given what you have described. The Judge will see "as is", asked you if you provided any other sort of written warranty, and then rule in your favor. I doubt the whole thing will take 2 minutes.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top