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Theft by deception

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T

tegag

Guest
What is the name of your state? Nebraska

I sold a car to a couple a month ago and they are claiming that I knew there were a lot of things wrong with it at the time. I had taken it to a mechanic and had it checked out before it was sold, and had some minor repairs made. I had also had some major repairs made in February which I disclosed to the couple when they came to look at the car. I had all of the engine gaskets replaced as there was coolant leaking into the engine. I paid $1300 to have this repaired and the mechanic had the entire engine apart at the time; he also assured me there was no damage done to the engine. The couple now claims that the car needs a new engine. I have a notarized bill of sale and my documentation of repair work done to the car. The couple never drove the car on the highway before purchase, did not ask to take it to a mechanic, in fact they took it to a mechanic after they bought it who told them it was fine - it was a week later when they started having problems. I did not sell a warranty with the car and in Nebraska a car sold without a warranty is "as is". What else do I need to do to? They have summoned myself and my ex-husband to court (his name was on the title) for this action. My divorce decree states the car is my responsibility - will my ex be liable as well? Any advice you could give would be greatly appreciated. They are saying I am guilty of "theft by deception".
 


BL

Senior Member
Legal Division

As Is

A car that is sold "as is" is one which is sold with no warranty. The dealer and/or seller has absolutely no obligation to make any repairs, regardless of the vehicle's condition.

The law will not help you, even if a major breakdown occurs during the trip home from the dealership. Once you have signed and paid for a vehicle, it is yours – you do not have three days to reconsider the contract.
 

JETX

Senior Member
tegag said:
What else do I need to do to?
It sounds like you have done everything you need to. Just get all your documentation, repair orders, etc. together and be prepared to present your defense to the court. Sounds to me like you have a pretty good defense to their charges. Oh, and be sure to get the fact that they had THEIR mechanic review it!!

They have summoned myself and my ex-husband to court (his name was on the title) for this action. My divorce decree states the car is my responsibility - will my ex be liable as well?
Possibly. The fact that both names are still on the title makes both liable. The court MIGHT allow his removal based on the family court order (take it to court with you).

They are saying I am guilty of "theft by deception".
Based solely on the contents of your post, I doubt that they will have any success.
 

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