Buyer threatenting to sue

[Knowledge123]

What is the name of your state (only U.S. law)? MA

I sold my family vehicle which was meticoulsy maintained and serviced by certified dealers over the course of ownership. (have all service records)

Individual bought my family vehicle and we had an explicit Bill of Sale drafted stating the vehicle was sold "As-Is". He said he was trying to setup an appt with his mechanic, however he was too busy and wanted to go ahead with the sale.

20 days after purchasing the vehicle individual calls me telling me that his mechanic found some issues worth 1500bux to fix and sent a list over. Also, informed me that vehicle initially failed for a safety issue, which costed 200bux to fix, but passed thereafter. He said he was covered under the lemon law and was going to seek litigation. On the 28th day after the purchase I received a demand letter from his attorney.

He is claiming that I did not allow him to have the vehicle inspected and that his mechanic will testify that I did not show up. I was never even informed of where his mechanics shop is located!!!

We have been litigating over the past few months, and I have went up to 1000 in Good faith to just avoid the courts, but this guy/his attorney are threatening to sue...

What is your reccomendation?

 

[justalayman]

from :

http://www.mass.gov/?pageID=ocaterminal&L=3&L0=Home&L1=Business&L2=Autos+%26+Transportation&sid=Eoca&b=terminalcontent&f=used_vehicle_warranty_law&csid=Eoca

The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle’s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use

then there is this:

http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Autos+and+Transportation&L3=Lemon+Laws&sid=Eoca&b=terminalcontent&f=the_lemon_aid_law&csid=Eoca

For the lemon law, it sounds like it applies only to items you knew about. If you didn't know of the defects, or shouldn't have reasonably be expected to have known, it doesn't sound like you would be liable.

to the Lemon Aid law, it sounds like the buyers recourse is to rescind the sale. It doesn't sound like that is what he is looking for. It also has a threshold of costs for repairs to be at least 10% of the purchase price. It also states the vehicle must have failed inspection within 7 days of purchase for the law to be applicable.

 

[Knowledge123]

The buyer doesnt want to return the car, he is demanding money.

The vehicle passed the MA state inspection, then his mechanic touched it and the ABS sensor/module seems to have gone bad.

I never had any of the problems he is mentioning and is now threatening to sue if I dont pay his demand of 2K.

He is claiming that I never let him have the vehcile inspected by a mechanic of his choosing which is a complete lie! (He told me his mechanic was too busy and wanted to go through with the sale).

I have a signed Bill of Sale stating that the car is being sold AS IS, have all of my service records at certified dealerships and none of the statements/receipts indicate any issues.

Again, I sold the vehicle with a clear heart and way below book value trying to accomodate the buyers budget and now hes threating suing, subpenas, etc.

Whats your advice? Pay him, or let this go to court?

 

[justalayman]

=Knowledge123;2772405]The buyer doesnt want to return the car, he is demanding money.

then I would have to believe he cannot use the second law (the lemon aid law as it was termed). The only action I saw available in that case was a rescission of the sale.

The vehicle passed the MA state inspection, then his mechanic touched it and the ABS sensor/module seems to have gone bad.

well, there is a huge difference between a sensor and a module. Over a thousand dollars difference generally.

I never had any of the problems he is mentioning and is now threatening to sue if I dont pay his demand of 2K.

so, what problems is he having? Did he have some work done to the vehicle?

He is claiming that I never let him have the vehcile inspected by a mechanic of his choosing which is a complete lie! (He told me his mechanic was too busy and wanted to go through with the sale).

Well, his choice was to not take the vehicle if he couldn't get it inspected to his satisfaction.

I have a signed Bill of Sale stating that the car is being sold AS IS, have all of my service records at certified dealerships and none of the statements/receipts indicate any issues.

Again, I sold the vehicle with a clear heart and way below book value trying to accomodate the buyers budget and now hes threating suing, subpenas, etc.

I'm not sure I would be too worried about it then. Of course, he can continue on with a suit so you would have to defend yourself if he did.

Whats your advice? Pay him, or let this go to court?

If you had no problems, I would tell him to take a hike.

I asked about him having work done on the vehicle. There are things that can be done, if not done properly, will cause an ABS light to illuminate and disable the ABS. If he had any brake work done, I would feel even more comfortable telling him to take a hike.