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small claims court

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bradw18

Junior Member
i live in kentucky
made the mistake of saling a car to a friend. it was a 1993 z28 camaro v8 automatic. the guy is 20 years old. i buy and sale a car or 2 a month for extra money. im a private saler but i park the cars i sale at a friends car lot. when i bought the car it ran but the transmission was out of it. i got the transmission in it rebuilt. car ran and drove with the acception of back brakes which i told him about. he traded his car an 1200 dollars for the camaro. when we did the deal there was no papaer work NOTHING WAS IN WRITING. they knew car need some work and i even told them its a good start on a project. the car ran and drove but need small things. they have since drove the car for 2 months. now that the transmission is out they want there money back on the camaro and the car they traded me. they said they filed all the paper work today on taking me to small claims court. i have been told there is not a lemon law in the state of ky. is this true and do they have a legit case against me?
 


Zigner

Senior Member, Non-Attorney
i live in kentucky
made the mistake of saling a car to a friend. it was a 1993 z28 camaro v8 automatic. the guy is 20 years old. i buy and sale a car or 2 a month for extra money. im a private saler but i park the cars i sale at a friends car lot. when i bought the car it ran but the transmission was out of it. i got the transmission in it rebuilt. car ran and drove with the acception of back brakes which i told him about. he traded his car an 1200 dollars for the camaro. when we did the deal there was no papaer work NOTHING WAS IN WRITING. they knew car need some work and i even told them its a good start on a project. the car ran and drove but need small things. they have since drove the car for 2 months. now that the transmission is out they want there money back on the camaro and the car they traded me. they said they filed all the paper work today on taking me to small claims court. i have been told there is not a lemon law in the state of ky. is this true and do they have a legit case against me?
I think you (and your friend, the dealer) are in trouble. http://tinyurl.com/24fl3nr is a good read (PDF) about dealer requirements in KY. You, my friend, sound like you are operating as either a dealer or a salesperson without a license. Your buddy is also violating "da rules" because:

II. DEALER LICENSES
A dealer license is required of any person who is engaged in the business of
selling, offering to sell, soliciting or advertising the same, of motor vehicles, or
possessing motor vehicles for the purpose of resale, either on his own account, or
on behalf of another.
There is no minimum or maximum number of vehicle transfers which are
allowed before a dealer license is needed, and the requirement is not excused when
vehicles are registered (and taxes paid) by the person who buys and sells them.
The license requirement comes into play and a license must be obtained if one is
engaged in the business of motor vehicle dealer, even if it is only a single vehicle
which is purchased with the intention of resale.


and


"...B. BROKERING/CONSIGNMENT OF VEHICLES
Kentucky law does not allow for the brokering or consignment of vehicles. Any
vehicle displayed on a dealer’s premises for sale must be assigned or transferred to
that dealer, within fifteen days of the acquisition, or before being sold, whichever
occurs first..."


I would suggest that you find a way to return this guy's money and car.
 

bradw18

Junior Member
even though nothing is in writng and there was no paper work was done? i went to the guys house to try to take care of everything the guy assulted me. i was invited into his house by his room mate, didnt go no further then the door way. me and him talked he told me go get out i did so and as i walked out the door he hit me. i have it all on recorder the whole converation i did not hit back i just called the cops. was i in the wrong for going there and trying to work it out?
 

Zigner

Senior Member, Non-Attorney
It's wrong for you to sell cars in the manner that you do. It's wrong for your buddy to let you sell cars off of his lot the way that he does. It's wrong for somebody to physically assault you.

In the end, you should give the guy his car and money back, get your car back and file charges for the assault.

ETA: I forgot, cross your fingers and hope the state doesn't catch wind of this - could be bad news for you and for your buddy.
 

justalayman

Senior Member
even though nothing is in writng and there was no paper work was done?
there was no title? Surely the buyer can testify where the car was when he purchased it.

You have no defense here. It was illegal to sell the car from the friends lot. I suspect your friends license could be in jeopardy should this be reported to the proper agency.

It also appears you are also in the business of selling cars. That means you must have a license. If Kentucky sees it the same way, you could be in more trouble for not having a license.

Do you really want to risk your buddies license and you being charged with selling cars as a business without a license? I suggest you take care of this guys problem.
 

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