car sold private party blown head gasket buyer wants to sue please help

[kentuckyboy4]

i live in kentucky

sold a car as a private party sale the car ran fine i told the buyer everything i knew about the car the buyer test drove the car twice even had somebody come with her to look at it she liked the car and wanted to buy the car after she bought the car 9 days later she came to my house wanting her money back or wanted me to fix the car she said she took it to a mechanic and it had a cracked head and it would cost $1,900 to fix it i said no way and i said i would help some if i could and that i feel bad for the position she is in then she asked if i could pay $1,500 and i said no i dont feel like this is my problem since the car is hers now she did not have a mechanic check the car before she bought it am i responsible for fixing the car? do I have to pay anything she is taking me to small claims court she is going to try to sue

 

[quincy]

i live in kentucky

sold a car as a private party sale the car ran fine i told the buyer everything i knew about the car the buyer test drove the car twice even had somebody come with her to look at it she liked the car and wanted to buy the car after she bought the car 9 days later she came to my house wanting her money back or wanted me to fix the car she said she took it to a mechanic and it had a cracked head and it would cost $1,900 to fix it i said no way and i said i would help some if i could and that i feel bad for the position she is in then she asked if i could pay $1,500 and i said no i dont feel like this is my problem since the car is hers now she did not have a mechanic check the car before she bought it am i responsible for fixing the car? do I have to pay anything she is taking me to small claims court she is going to try to sue

Here is a link to Kentucky's Small Claims Court Handbook:
http://courts.ky.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf

Here are links to Kentucky's Lemon Law:
http://www.dmv.org/ky-kentucky/automotive-kaw/lemon-law.php
http://ag.ky.gov/civil/consumerprotection/cars/pages/lemon.aspx
Kentucky has no lemon law for used cars.

 

[kentuckyboy4]

got my small claims papers delivered to me today the buyer of the car is suing me for $3,200 plus $140 court cost more then i thought it would be how our my chances? she is saying she has witness saying i told her nothing is wrong with car which is true the car was running fine when i sold it to her she said the heat did not work so she took it to mechanic and and they found that it had some kind of stop leak in it and a cracked head and they would testify in court. The car was sold as is with no written warranty or anything im not a dealer im a private party that sold this im i responsible? should i worry about this?

i live in kentucky

sold a car as a private party sale the car ran fine i told the buyer everything i knew about the car the buyer test drove the car twice even had somebody come with her to look at it she liked the car and wanted to buy the car after she bought the car 9 days later she came to my house wanting her money back or wanted me to fix the car she said she took it to a mechanic and it had a cracked head and it would cost $1,900 to fix it i said no way and i said i would help some if i could and that i feel bad for the position she is in then she asked if i could pay $1,500 and i said no i dont feel like this is my problem since the car is hers now she did not have a mechanic check the car before she bought it am i responsible for fixing the car? do I have to pay anything she is taking me to small claims court she is going to try to sue

 

[quincy]

got my small claims papers delivered to me today the buyer of the car is suing me for $3,200 plus $140 court cost more then i thought it would be how our my chances? she is saying she has witness saying i told her nothing is wrong with car which is true the car was running fine when i sold it to her she said the heat did not work so she took it to mechanic and and they found that it had some kind of stop leak in it and a cracked head and they would testify in court. The car was sold as is with no written warranty or anything im not a dealer im a private party that sold this im i responsible? should i worry about this?

As I mentioned earlier, Kentucky has no lemon law that covers used cars. When someone purchases a used car in Kentucky, they purchase it "as is."

The woman who purchased your car test drove it and, although she apparently found nothing wrong with the car after the test drive, she should have had a mechanic inspect the vehicle prior to purchase.

That said, any time you are notified a lawsuit has been filed against you, there is cause for concern. You can try to find someone at a free legal aid clinic or law school to review the facts of the sale for you, though, so you can head to court more prepared.

Good luck.

 

[PaulMass]

mechanic and and they found that it had some kind of stop leak in it and a cracked head and they would testify in court.

should i worry about this?

Yes, you should worry if the mechanic testifies he found stop leak. That could indicate fraudulent misrepresentation (where you actively concealed a defect).

You should learn all you can about stop leak so you can question the mechanic. Ask him how he identified the substance he found as "stop leak". Ask him when the head cracked. Ask him if he can determine who put the stop leak in. In short, you need to destroy his credibility.

 

[quincy]

Yes, you should worry if the mechanic testifies he found stop leak. That could indicate fraudulent misrepresentation (where you actively concealed a defect).

You should learn all you can about stop leak so you can question the mechanic. Ask him how he identified the substance he found as "stop leak". Ask him when the head cracked. Ask him if he can determine who put the stop leak in. In short, you need to destroy his credibility.

kentuckyboy4, what PaulMass appears to be referring to when he mentions "fraudulent misrepresentation" are Kentucky Revised Statute 367.170, Unlawful Act, and Kentucky Revised Statute 367.220, Action for Recovery. I have provided links to these statutes below.

In Kentucky, if a used car is sold "as is," it is very difficult for a purchaser to recover costs of repairs or a refund of the purchase price after the sale. It is up to the purchaser to inspect the car prior to purchase.

That said, it is important to know what arguments and evidence the woman might present in court to support her legal action. It is possible that the woman intends to use "misrepresentation/fraud" as a way to obtain a refund and the costs she incurred as a result of her purchase of the car.

This could potentially be successful for the woman IF she can prove there was a SPECIFIC misrepresentation made by you as to the condition of the used car (e.g., "the head gasket is in excellent condition," "the car has no leaks"). If you only represented the car as "running fine," it will be difficult for the woman to prove fraud or misrepresentation - regardless of the result of the mechanic's inspection AFTER the used car was purchased.

Here are links to the Kentucky statutes:

KRS 367.170: http://statecodesfiles.justia.com/kentucky/2012/chapter-367/367.170/document.pdf
KRS 367.220: http://statecodesfiles.justia.com/kentucky/2012/chapter-367/367.220/document.pdf

Good luck in court.

 

[kentuckyboy4]

even if i told her about the stop leak its called bars leak i told her about it it was put in the car about a year ago i drove the car plenty of times after that never had a problem i told her everything i knew about the car i was very honest with her she test drove the car twice brought 3 people with her to look at it but never a mechanic said everything looked and sounded good drove good etc. and she wanted to buy it now this crap

 

[kentuckyboy4]

im very nervous about court i have never been i know its only small claims court but i have know idea anything about it lol i get nervous easy anyway i am dreading this so bad no idea how to prepare what to say nothing

 

[quincy]

im very nervous about court i have never been i know its only small claims court but i have know idea anything about it lol i get nervous easy anyway i am dreading this so bad no idea how to prepare what to say nothing

If you were honest about the condition of the car as you knew it to be, I doubt the woman will have much chance of collecting damages from you in court. It is always a possibility that the court will find in her favor, but the laws of Kentucky are against her.

A courtroom and a judge can be a bit intimidating if you have never been to court before. I suggest several things. One is to go to court before your hearing date to sit in on a few cases heard by the same judge you will be seeing. This can help you become familiar with how things are run in his courtroom and make you more comfortable with the court environment.

For your hearing, you will want to go to court well-prepared. Take any ad you ran for the sale of your car and make a list all of the things you can remember telling the woman about the car when she came to look it. If you have a witness, bring the witness with you. You can print off copies of the Kentucky laws that apply to used car sales, so you can refer to them.

Be honest.

When you attend your hearing, dress "business" nicely (no hats, no jeans, no tee-shirts) and smell clean (no smoke, body odor, heavy cologne). Address the judge as "Your Honor." Be polite to everyone. Do not interrupt. Do not argue. Do not address anyone but the judge directly, regardless of what the woman is saying. It is important to stay calm, despite any lies that may be told. You will have the opportunity to refute them so wait for that opportunity.

Good luck.

 

[Reto]

i live in kentucky

sold a car as a private party sale the car ran fine i told the buyer everything i knew about the car the buyer test drove the car twice even had somebody come with her to look at it she liked the car and wanted to buy the car after she bought the car 9 days later she came to my house wanting her money back or wanted me to fix the car she said she took it to a mechanic and it had a cracked head and it would cost $1,900 to fix it i said no way and i said i would help some if i could and that i feel bad for the position she is in then she asked if i could pay $1,500 and i said no i dont feel like this is my problem since the car is hers now she did not have a mechanic check the car before she bought it am i responsible for fixing the car? do I have to pay anything she is taking me to small claims court she is going to try to sue

She will probably lose, but if I were you I'd get a lawyer and let them deal with it. Then I'd see if my lawyer could not counter sue her for a frivolous lawsuit to recover your attorney fees. Any person knows that when you buy a used car it is sold "as is". It is up to the buyer to do the homework, and it is very easy to prove that it was fine when she purchased it. If it wasn't fine, she wouldn't have bought it. Her "mechanic" finding "stop leak"...right. And who is to say she didn't put it in there IF it was there?? I wouldn't go to court without a lawyer, ever...I get them for speeding tickets where I have to appear. A lawyer ALWAYS helps and is usually worth the money.

 

[quincy]

She will probably lose, but if I were you I'd get a lawyer and let them deal with it. Then I'd see if my lawyer could not counter sue her for a frivolous lawsuit to recover your attorney fees. Any person knows that when you buy a used car it is sold "as is". It is up to the buyer to do the homework, and it is very easy to prove that it was fine when she purchased it. If it wasn't fine, she wouldn't have bought it. Her "mechanic" finding "stop leak"...right. And who is to say she didn't put it in there IF it was there?? I wouldn't go to court without a lawyer, ever...I get them for speeding tickets where I have to appear. A lawyer ALWAYS helps and is usually worth the money.

While I think consulting with an attorney can be helpful and I would never advise that someone NOT consult with one, attorneys are not necessary or even desirable for all legal matters.