What is the name of your state? New York
On March 15, I sold a 1999 Ford Taurus in a private sale. The car was tuned up and given a good review by a mechanic on 12/17/04 and I have a copy of the repair bill. I took the car off the road and put it up for sale on January 24 or thereabouts as I purchased a different car. The buyer took the car for a brief test drive, had a friend who was a mechanic look the car over, and a couple of days later drove the car home.
The Motor Vehicle Bill of Sale, signed by each of us, indicates that there is no warranty as to the physical condition of the Motor Vehicle.
The Bill of Sale also has a Defects Disclosure section.
On March 24, the buyer called to say that the car would operate only in reverse and accused me of knowing that the transmission was faulty. The buyer called me on March 27 and said that the car had caught fire and burned up. The buyer demanded full repayment of the car on the phone. I, of course, refused and have not heard anything from the buyer until now - fully two and one-half months later.
Today, I learned that he filed a small claims suit against me. At this point, I do not have the specific claim, but from what information I have given you, am I protected by the Bill of Sale?
On March 15, I sold a 1999 Ford Taurus in a private sale. The car was tuned up and given a good review by a mechanic on 12/17/04 and I have a copy of the repair bill. I took the car off the road and put it up for sale on January 24 or thereabouts as I purchased a different car. The buyer took the car for a brief test drive, had a friend who was a mechanic look the car over, and a couple of days later drove the car home.
The Motor Vehicle Bill of Sale, signed by each of us, indicates that there is no warranty as to the physical condition of the Motor Vehicle.
Seller and Buyer agree that the Motor Vehicle is sold "as is," with no warranty of the kind (express, implied or as to merchantability or fitness for a particular purpose) as the physical condition of the Motor Vehicle.
The Bill of Sale also has a Defects Disclosure section.
Buyer specifically acknowledges and accepts the following defects in the vehicle: None Specified
On March 24, the buyer called to say that the car would operate only in reverse and accused me of knowing that the transmission was faulty. The buyer called me on March 27 and said that the car had caught fire and burned up. The buyer demanded full repayment of the car on the phone. I, of course, refused and have not heard anything from the buyer until now - fully two and one-half months later.
Today, I learned that he filed a small claims suit against me. At this point, I do not have the specific claim, but from what information I have given you, am I protected by the Bill of Sale?