sold car to private party now buyer threatens lawsuit

[ocguy71]

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

Hello,

I advertised my car for sale on the internet and disclosed all known issues that I had with the car. Along with pictures I also uploaded a youtube video with a summary as well and close up video of the car running so viewers can hear the car running.

I met with the buyer and sold the car. We both signed a bill of sale stating that the car was sold in 'as is' condition with no expressed or implied warranties. Now the buyer called me the next day stating that the motor has low compression in 2 cylinders and the motor needs a rebuild. He threatened a lawsuit. Does the buyer have any legal recourse? It also had possible problems passing emissions that I also pointed out but I gave the buyer a catalytic converter in case of issue.

I've met several people who owns the same model car just days prior to the sale and I asked them if they thought my car sounded bad or wrong. Their reply was "no." I don't know how the car was driven after it left my presence but it ran fine at idle and while driving.

Here's the actual information from the bill of sale we both signed:

I, the undersigned seller, do sell the above-described vehicle to the buyer for the amount shown 
and certify that all of the information provided in this Bill of Sale is true and accurate to the 
best of my knowledge.

I, the undersigned buyer, acknowledge receipt of this Bill of Sale and understand there is no
guarantee or warranty, expressed or implied, with respect to the above-described property. It is 
also understood that the above-stated vehicle is sold in "as is" condition. It is also understood that
buyer will take the responsibility to obtain a California smog certificate in order to transfer title.

Thank you.

 

[racer72]

Tell the buyer to pound sand. If the compression was that big of a deal, he should have done it before, not after the sale.

 

[ocguy71]

I love that response!

Is that a legal term I can use? like latin "poundish sandish"

I honestly felt the same way but just concerned if there's legal recourse. I'm sure he can do a frivolous lawsuit in small claims but I wanted to confirm.

Thanks again.

 

[JETX]

I met with the buyer and sold the car. We both signed a bill of sale stating that the car was sold in 'as is' condition with no expressed or implied warranties. Now the buyer called me the next day stating that the motor has low compression in 2 cylinders and the motor needs a rebuild. He threatened a lawsuit. Does the buyer have any legal recourse?

OPINION based SOLELY on your post... no.

It also had possible problems passing emissions that I also pointed out but I gave the buyer a catalytic converter in case of issue.

Oh... oh!!
Problem.

California is one of the states that doesn't allow you to 'dick around' with emissions on car sales.
Very likely you have a problem here.

From the 'California Dept of Consumer Affairs':
"In private party transactions, the seller must provide the buyer with a proof of smog certification prior to the transfer of ownership. If the vehicle is purchased from a dealer, the passing Vehicle Inspection Report should be provided as part of the transfer documents. It is evidence that the vehicle meets state requirements for smog equipment. A vehicle that has not been issued a smog certification cannot be registered."

Also read the part about MISSING parts...
Smog Equipment Requirements for Used Vehicles (A Guide for the Used Car Buyer)

 

[ocguy71]

Jetx,

There aren't any missing emission parts and the car did pass smog last year as is. The car was not modified since then and I just threw in parts in case it didn't pass.

What do you think the repercussions concerning the smog part are? The buyer did agree in writing that he would take care of it. I know that every car for sale in this state cannot be smogged at the time of sale. For example the car was in an accident and the seller couldn't repair it but the car isn't driveable until repairs are made. How does that work since CA says it should be smogged at the time of sale?

Thanks again

 

[JETX]

There aren't any missing emission parts and the car did pass smog last year as is. The car was not modified since then and I just threw in parts in case it didn't pass.

Okay, let's quit PLAYING games... and cut to the bottom line.
Did you even take the time to READ and UNDERSTAND the information I provided in the link??
Of course not. If you had, you would have seen that your 'latest' version means nothing.

"The seller is required to provide the buyer with a valid smog inspection certification at the time of the sale or transfer. Smog certifications are good for 90 days from the date of issuance."
Smog Information

Let me be even MORE clear for you!!
Section 24007 (b)(2) of the Vehicle Code states it is the responsibility of the seller to provide a valid smog certificate at the time of delivery of the vehicle. There is no provision in the law to sell a vehicle "as is." Therefore the seller is always responsible for the smog certificate even if they mention the car is sold "as-is" because the law doesn't recognize the "as-is" policy.

What do you think the repercussions concerning the smog part are?

Doesn't matter!!! You have NOT provided a valid smog certificate AT THE TIME OF THE SALE.
Smog Information

The buyer did agree in writing that he would take care of it.

Not relevant. The buyer cannot waive his legal rights.

I know that every car for sale in this state cannot be smogged at the time of sale. For example the car was in an accident and the seller couldn't repair it but the car isn't driveable until repairs are made. How does that work since CA says it should be smogged at the time of sale?

Then you have to sell it as a 'salvage vehicle'.

Contact the buyer and arrange to either get a valid smog certificate... or give him his money back and take the vehicle.