JordanSmith
Junior Member
What is the name of your state (only U.S. law)? Missouri
I'd like some input on my situation, as backup.
A couple (boyfriend/girlfriend) came to me looking to buy my car which was sold Private Party.
I did not say "as-is" anywhere, but made the assumption on my part that ALL Private Party auto sales are "as-is".
The Boyfriend took it for a test drive with the Girlfriend (who actually bought it) in the back seat. She then bought the car a day or two later.
At her bank, we both signed a bill of sale the bank provided, and the bank gave me a check for the money. Missouri is apparently different in that the bank doesn't take the title, and we ended up failing to sign the title paperwork at the time of payment/bill of sale/posession.
The boyfriend had the clutch blow up later that night (it's a 400hp car) and now the girlfriend is suing me to pay for this damage, as well as other stuff I "didn't tell her about".
I did not say "as-is" anywhere, but neither did I say explicitly anything about the clutch. I admitted later that it had slipped on me 3 times in the last 2 months or so, but did not consider it a major issue and did not bring it up. (nearly daily use)
They refused multiple attempts at completing the title signing. They were holding the signing of the title over my head as a kind of blackmail for me to pay all the repairs they wanted done.
I have since notified the DMV of the sale and submitted the Bill of Sale to them.
I declined to pay these repairs and now I'm being sued for $5000.
Am I right that this was an "as-is" sale?
Is the Bill of Sale worthless in this situation? Even after I got paid by the bank?
Thanks.
I'd like some input on my situation, as backup.
A couple (boyfriend/girlfriend) came to me looking to buy my car which was sold Private Party.
I did not say "as-is" anywhere, but made the assumption on my part that ALL Private Party auto sales are "as-is".
The Boyfriend took it for a test drive with the Girlfriend (who actually bought it) in the back seat. She then bought the car a day or two later.
At her bank, we both signed a bill of sale the bank provided, and the bank gave me a check for the money. Missouri is apparently different in that the bank doesn't take the title, and we ended up failing to sign the title paperwork at the time of payment/bill of sale/posession.
The boyfriend had the clutch blow up later that night (it's a 400hp car) and now the girlfriend is suing me to pay for this damage, as well as other stuff I "didn't tell her about".
I did not say "as-is" anywhere, but neither did I say explicitly anything about the clutch. I admitted later that it had slipped on me 3 times in the last 2 months or so, but did not consider it a major issue and did not bring it up. (nearly daily use)
They refused multiple attempts at completing the title signing. They were holding the signing of the title over my head as a kind of blackmail for me to pay all the repairs they wanted done.
I have since notified the DMV of the sale and submitted the Bill of Sale to them.
I declined to pay these repairs and now I'm being sued for $5000.
Am I right that this was an "as-is" sale?
Is the Bill of Sale worthless in this situation? Even after I got paid by the bank?
Thanks.