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Contract but will not pay for car

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J

jsjag

Guest
What is the name of your state? PA
On Nov. 29, 2003 I sold a 14 (almost 15) year old car with 135,000 miles on it. The sale was to a friends 21 year old kid and he was giving the car to his 18 year old girlfriend for a Christmas present. I was going to allow payments, $200 a month for 3 months and $300 down payment. The 21 year old kid signed an As Is contract, the contract stated no implied or express warranties and spelled out the payments. His signature appears, along with the date and city/state signed. About three days later I receive an email from his mother stating how much the girlfriend loves the car and thanks for making it happen. Before purchase the kid inspected the car and took it for a test drive. He asked if there is anything wrong and I told him all I know of are leaky valve seals and the wipers will not automatically park.

I didn't hear a word about the car until Dec. 22, 2003. That morning the mother emailed me that this morning the car stopped running. She told me that the girlfriend said that the car had been making noise the night before. To get to the end the girl ran the car without oil. The step father has told me that the car did develop an oil leak and he had been telling the kids to have it looked at. It may have been as simple as a valve cover gasket or something easy to fix but they ignored it.

The kid misses his January payment and then I receive a letter on Feb.2, 2003. He states that he will not make any payments, that the car was junk, etc. He said, IF I want, go ahead and take him to small claims court. He said he has people that saw the condition of the car before it died. I'm sure his friends are all lining up. He's saying I led them to believe it was a wonderful car. He writes that the car suffered neglect while sitting in my driveway. (I guess he thinks the judge hasn't seen a pack of 20 something's all testify for their friends)

I informed him that he signed a contract and if we go to court it will be for breach of contract. If there was any neglect they were neglect for running the car without oil. If this car was so terrible why didn't I hear from you in the first days or week. The kid didn't even have a mechanic determine the extent of damage or why the car stopped. How am I to know that the girls driving habit didn't have lead to the engine failure? The $600 would be nice but this kid has to understand that once you sign on the line you can't cry like a child if things don't work out. I hope he never does any investing. Pity the stock broker that gets him!:(
 


I AM ALWAYS LIABLE

Senior Member
jsjag said:
What is the name of your state? PA
On Nov. 29, 2003 I sold a 14 (almost 15) year old car with 135,000 miles on it. The sale was to a friends 21 year old kid and he was giving the car to his 18 year old girlfriend for a Christmas present. I was going to allow payments, $200 a month for 3 months and $300 down payment. The 21 year old kid signed an As Is contract, the contract stated no implied or express warranties and spelled out the payments. His signature appears, along with the date and city/state signed. About three days later I receive an email from his mother stating how much the girlfriend loves the car and thanks for making it happen. Before purchase the kid inspected the car and took it for a test drive. He asked if there is anything wrong and I told him all I know of are leaky valve seals and the wipers will not automatically park.

I didn't hear a word about the car until Dec. 22, 2003. That morning the mother emailed me that this morning the car stopped running. She told me that the girlfriend said that the car had been making noise the night before. To get to the end the girl ran the car without oil. The step father has told me that the car did develop an oil leak and he had been telling the kids to have it looked at. It may have been as simple as a valve cover gasket or something easy to fix but they ignored it.

The kid misses his January payment and then I receive a letter on Feb.2, 2003. He states that he will not make any payments, that the car was junk, etc. He said, IF I want, go ahead and take him to small claims court. He said he has people that saw the condition of the car before it died. I'm sure his friends are all lining up. He's saying I led them to believe it was a wonderful car. He writes that the car suffered neglect while sitting in my driveway. (I guess he thinks the judge hasn't seen a pack of 20 something's all testify for their friends)

I informed him that he signed a contract and if we go to court it will be for breach of contract. If there was any neglect they were neglect for running the car without oil. If this car was so terrible why didn't I hear from you in the first days or week. The kid didn't even have a mechanic determine the extent of damage or why the car stopped. How am I to know that the girls driving habit didn't have lead to the engine failure? The $600 would be nice but this kid has to understand that once you sign on the line you can't cry like a child if things don't work out. I hope he never does any investing. Pity the stock broker that gets him!:(

My response:

I wanted to thank you for taking me through your "novella" for nothing. Do you think that your situation is unique, and that we haven't read your same problem before? Do you think that we have nothing better to do than read lengthy posts - - only to find that there's no legal question?

IAAL
 
J

jsjag

Guest
Oops sorry for the length. My question is, do I have a standing to take this kid to court. My heart says to let it die and get on with life but I'm kind of PO'd since in his letter he says I ripped him off. :)
 
S

s_hale

Guest
you have your answer in your lengthy explanation of the situation. He signed a contract, and then breached. he needs to learn how the real world works. the car was sold as is. . . not how it would be a month later.
 
C

cur7is

Guest
I agree with the person's post above mine. He signed a contract that states "as is". Take him to court. You've got a VERY good chance of winning. I'd be surprised if you didn't. Show him what the real world is like. It also sounds like he isn't making anymore payments on it because he either a) doesn't have the money or b) doesn't want to spend the money because he found something better to spend it on that better benefits him. Take his ass to court!!
 

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