What is the name of your state (only U.S. law)? Ohio
I sold a used car I had to a private individual. The car had been posted for sale for three weeks while I continued to drive it. There were several people interested in the vehicle, the last interested party ended up purchasing it from me.
The car had over 150,000 miles on it and was advertised with a list of problems it had and that would need fixed or replaced. I included pictures of rust damage and also stated the specific interior and exterior lights that did not work and would need replaced. Every problem the car had I listed. I posted pictures when appropriate.
The individual came to look at the car and test drive it. The only inspection this individual did was to look at the rust damage, which was all. I repeatedly told him of the problems with the interior and exterior lights. His response was " I dont care". I had to explain to him how all of the features worked because he never asked or looked at any of the cars components.
He never opened the hood, looked under it or checked fluids, nothing. He asked if it came with a warranty which I told him no, the extended warranty ran out at 100,000 miles.
I had taken the car to a new car dealer for a trade in appraisal after the private party had test drove the car. He acted interested but provided no payment arrangements and stated it would be at least a week before he could have money.
The dealership who provided the trade-in appraisal had a sales man and a manager inspect it and test drive it and had no problems with it. They offered me $1,500 less than I was asking from a private sale, so I held off on the offer. Their offer was within blue book value.
The interested individual made payment through his bank to my bank 8 days after he had drove the vehicle. He never came back before making payment to look over it a second time. It took him three days after the payment was made to come pick the vehicle up. Again, he never looked over the vehicle at all. The title was signed over and he drove it home.
Once he made the payment, I stopped driving the car, which had absolutely no problems other than the ones listed in the sale ad.
Four days after he drove the car home, I received a call complaining of oil leaks but he provided no particular details of what was leaking or what was wrong.
Almost two months later, I received a call stating he was taking me to small claims court for over $3,000 in repairs. He had a service garage conduct the repairs who claims the engine was "pieced together" and was leaking oil bad.
This individual is claiming sine I never told him it was being sold "AS-IS" I am responsible for the repairs, even though he never asked me to help pay for such repair. He has also asked the service tech. to come as a witness.
I have told him I am sorry his car has problems but told him I had told him the car had no warranty when he asked and that it ran fine when I stopped driving it.
He insists on small claims so I am getting all of my firepower ready.
Thanks for any and all responses.
I sold a used car I had to a private individual. The car had been posted for sale for three weeks while I continued to drive it. There were several people interested in the vehicle, the last interested party ended up purchasing it from me.
The car had over 150,000 miles on it and was advertised with a list of problems it had and that would need fixed or replaced. I included pictures of rust damage and also stated the specific interior and exterior lights that did not work and would need replaced. Every problem the car had I listed. I posted pictures when appropriate.
The individual came to look at the car and test drive it. The only inspection this individual did was to look at the rust damage, which was all. I repeatedly told him of the problems with the interior and exterior lights. His response was " I dont care". I had to explain to him how all of the features worked because he never asked or looked at any of the cars components.
He never opened the hood, looked under it or checked fluids, nothing. He asked if it came with a warranty which I told him no, the extended warranty ran out at 100,000 miles.
I had taken the car to a new car dealer for a trade in appraisal after the private party had test drove the car. He acted interested but provided no payment arrangements and stated it would be at least a week before he could have money.
The dealership who provided the trade-in appraisal had a sales man and a manager inspect it and test drive it and had no problems with it. They offered me $1,500 less than I was asking from a private sale, so I held off on the offer. Their offer was within blue book value.
The interested individual made payment through his bank to my bank 8 days after he had drove the vehicle. He never came back before making payment to look over it a second time. It took him three days after the payment was made to come pick the vehicle up. Again, he never looked over the vehicle at all. The title was signed over and he drove it home.
Once he made the payment, I stopped driving the car, which had absolutely no problems other than the ones listed in the sale ad.
Four days after he drove the car home, I received a call complaining of oil leaks but he provided no particular details of what was leaking or what was wrong.
Almost two months later, I received a call stating he was taking me to small claims court for over $3,000 in repairs. He had a service garage conduct the repairs who claims the engine was "pieced together" and was leaking oil bad.
This individual is claiming sine I never told him it was being sold "AS-IS" I am responsible for the repairs, even though he never asked me to help pay for such repair. He has also asked the service tech. to come as a witness.
I have told him I am sorry his car has problems but told him I had told him the car had no warranty when he asked and that it ran fine when I stopped driving it.
He insists on small claims so I am getting all of my firepower ready.
Thanks for any and all responses.