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Sold a car now buyer wants to take me to small claims court.

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Dragonmun

Junior Member
What is the name of your state? Florida


I am seeking some legal advice on a threat recently made to take me to small claims court.

Recently I sold my car to a father and son team in February. I had the car initially listed at $2,000 but they were able to talk me down to selling it to them for $1,300 after they test drove the car and I covered with them some of the repairs that needed to be done to it. Later that day they informed me that they only had $1,200 due to a miscalculation of funds and I agreed to sell it to them for that.

Included in the sale, I provided them a Haynes repair manual that had a hand-written log of all of the repairs that my father and I made to the car. I also informed the father and son that I was selling the car because I could not longer afford to pay for the repairs necessary in restoring the car.

On Sunday, March 23, 2008 I received am irate call from the Wife/Mother of the team that purchased the car. She accused me of being "underhanded and sneaky" for selling her son "a lemon" and demanded that I at least pay her back $650, which she claimed was half of what I sold the car to her song for. To further scare me, she accused me of selling her car to a minor because he son was 17 at the time of sale.

The first thing that gets me here is that I could not have sold the car to a minor because the father was the one that gave me the money, and the mother is the one with the name on the title. The other thing that gets me is that the reason she is accusing me of selling them a "lemon" is because of a knocking in the engine, which appears upon starting the car and could not be covered up in a test-drive. In the logs that we provided the very first entry makes mention of either a wrist pin or rod being (common sources of an engine knock) lose as a major problem with the car.

I do not have a bill of sale, but I do have the confirmation emails from when I listed the car on Craig's List as well as a copy of the repair logs that I had typed up for the listing (which can be found at http://www.dragonmun.com/misc.php).

What I want to know is if the woman pushes to take this to small claims court, what I would need to have prepared to protect myself for her buyers remorse?
 


CraigFL

Member
Personally, I wouldn't worry about it too much. This is very common in used car sales -- the buyer is not aware it is an "as-is" sale so they threaten a lawsuit. Sometimes it goes so far that you will need to appear in court because anyone can sue anybody for any reason, anytime-- no one checks to be sure suits are valid until you appear in court. It would have been nice to have a bill of sale stating the sale was as-is. Hopefully, they will give up and not sue because it is a PITA for both parties.
 

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