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Sold car, car breaks, buyer wants to sue

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Mikeus

Junior Member
What is the name of your state? Arkansas

Hi everyone, I've got a big mess. I recently sold my 92 Civic on craigslist advertised at $1200. I had a buyer come buy but they backed out of the deal at the last second because they were concerned about the car burning oil. I then had another buyer look at the car (a mand and his mother). We told them all we knew was wrong with the car (goes through oil fairly quickly, body damage, minor others). They only wanted to test the car around the block and then offered $900. We took it and we wrote up a bill of sale stating the car is sold as-is with no warranty. Each party signed a copy. We transferred the title. Off they went.

Two days later the mother is calling my wife, irate because the car has broken down. She said they took it to a mechanic and it's "really messed up". She wants a full refund or is threatening to sue for the full price, whatever they paid so far in repairs, two days of this guy's pay, and court costs. My wife told her that she's very sorry but the sale was as-is. The mother accuses us that we knew it would break down and lied becuase the craigslist ad stated it was "a very reliable car and would probably run another 100k miles." The mother said they have talked to the District Attorney and they were told they have a very good case against us.

Should I just tell them to buzz off or do they actually have a case here?

Thanks in advance!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Arkansas

Hi everyone, I've got a big mess. I recently sold my 92 Civic on craigslist advertised at $1200. I had a buyer come buy but they backed out of the deal at the last second because they were concerned about the car burning oil. I then had another buyer look at the car (a mand and his mother). We told them all we knew was wrong with the car (goes through oil fairly quickly, body damage, minor others). They only wanted to test the car around the block and then offered $900. We took it and we wrote up a bill of sale stating the car is sold as-is with no warranty. Each party signed a copy. We transferred the title. Off they went.

Two days later the mother is calling my wife, irate because the car has broken down. She said they took it to a mechanic and it's "really messed up". She wants a full refund or is threatening to sue for the full price, whatever they paid so far in repairs, two days of this guy's pay, and court costs. My wife told her that she's very sorry but the sale was as-is. The mother accuses us that we knew it would break down and lied becuase the craigslist ad stated it was "a very reliable car and would probably run another 100k miles." The mother said they have talked to the District Attorney and they were told they have a very good case against us.

Should I just tell them to buzz off or do they actually have a case here?

Thanks in advance!
Tell them to buzz off.
 

VeronicaLodge

Senior Member
why in the world did you put "would probably run another 100K miles" in the add? for a 15 year old car??? how many miles were on it when you sold it?
 

Mikeus

Junior Member
Well it's a 92 Honda with 160,000. I've put a lot of work into it the past year, and I went off the fact that my 91 Honda has 280,000 and still runs strong (I drive it daily). If you stay on the upkeep with Hondas they will last a long time.
 

xylene

Senior Member
why in the world did you put "would probably run another 100K miles" in the add? for a 15 year old car??? how many miles were on it when you sold it?
Because it is a conditional sales incentive.

Next time be more ambiguous, "zillions of miles left"

The ad could say anything. It isn't a warranty. The ad could say, "SPECIFIC WARRANTEE", and unless the unless the sales contract was written with a warrantee... the buyer would be up the creek.

Tell the person to buzz off.
 

BL

Senior Member
the craigslist ad stated it was "a very reliable car and would probably run another 100k miles."
I'm going to approach the issue like this .

There was an AD as quoted above .

With that Ad it can be argued as an " implied warranty " .

( The implied warranty of fitness applies when you buy an item for a specific purpose. )

Then there was a receipt stating as-is .

What did the buyer understand as-is to mean ?

I would say if the OAG is stating there's good cause , it's on the implied warranty from the Ad.
 

Zigner

Senior Member, Non-Attorney
I'm going to approach the issue like this .

There was an AD as quoted above .

With that Ad it can be argued as an " implied warranty " .

( The implied warranty of fitness applies when you buy an item for a specific purpose. )

Then there was a receipt stating as-is .

What did the buyer understand as-is to mean ?

I would say if the OAG is stating there's good cause , it's on the implied warranty from the Ad.
There is no implied warranty in the ad. All the info in the ad was opinion. (Well, at least insofar as we've seen)
 

BoredAtty

Member
IMO, the buyer is probably screwed, but you never know. The claim that the car will probably run another 100k miles was foolish, and could potentially be viewed as a misstatement as to the vehicle's condition. Look at the boat case, where the seller lost because he made a claim on Craigslist that the engine was in excellent condition. You just never know...
 

Zigner

Senior Member, Non-Attorney
IMO, the buyer is probably screwed, but you never know. The claim that the car will probably run another 100k miles was foolish, and could potentially be viewed as a misstatement as to the vehicle's condition. Look at the boat case, where the seller lost because he made a claim on Craigslist that the engine was in excellent condition. You just never know...
Agreed - weird things can happen in a courtroom. But, in the "real" world, "probably run another 100k miles" is definitely an opinion and not a statement of fact ;)
 

BL

Senior Member
IMO, the buyer is probably screwed, but you never know. The claim that the car will probably run another 100k miles was foolish, and could potentially be viewed as a misstatement as to the vehicle's condition. Look at the boat case, where the seller lost because he made a claim on Craigslist that the engine was in excellent condition. You just never know...
My point exactly .

I once purchased a used car advertised in " excellent condition " .

I no sooner got down the road and it quit .

The seller's receipt said as-is , mine did not .

At the first hearing , I lost .

I refiled , and the second judge noted the ad , and the discrepancies in the receipts .

The sellers lawyer was talking fast and confusing things , then the Judge ask what did you think as-is meant . I said as-is the way it was advertised .

The some more wrangling , then I got frustrated , and again the Judge ask well did you buy it as-is ( the way they described it as-is ) , I nervously blunted out yes .

I lost the case I believe because I blunted yes out , otherwise the Judge seemed toward my side from the Ad.
 

BoredAtty

Member
Agreed - weird things can happen in a courtroom. But, in the "real" world, "probably run another 100k miles" is definitely an opinion and not a statement of fact ;)
The 100,000 claim was obviously conjecture and can't be guaranteed. So, if the car only ran another 80,000 miles before breaking down, I'd agree.

But that's not what happened here. What is the underlying message communicated when somebody is told that a car will probably run another 100,000 miles? It communicates that the car is in good condition. As you know, cars in good condition don't break down 2 days later. Therefore, stating that it probably would run another 100,000 miles conveyed a false message.
 

xylene

Senior Member
The 100,000 claim was obviously conjecture and can't be guaranteed. So, if the car only ran another 80,000 miles before breaking down, I'd agree.

But that's not what happened here. What is the underlying message communicated when somebody is told that a car will probably run another 100,000 miles? It communicates that the car is in good condition. As you know, cars in good condition don't break down 2 days later. Therefore, stating that it probably would run another 100,000 miles conveyed a false message.
The fact that the OP has a comparable Honda vehicle with 280K is another point.

I have many time seen ads that tout volvo's "million mile car" reputation. They are not million mile guarantee.
 

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