Sold My Car and now being sued in Small Claims???

[kamaaina_guy]

What is the name of your state (only U.S. law)? Hawaii
Hello,
About 2 month ago, i posted my car for sale on craigslist. I got a call from a potential buyer, and we agreed to meet at a parking lot so she can view/drive the car. She brought along her friend whom she said was going to help her look at the car and then decide..

We met at the parking lot, she proceeded to look at the car and then had her friend drive the car... He drove the car and was so impressed by it, that he offered to purchase the car if she didn't herself..

So she agreed to purchase the car, but was waiting on a loan that she had applied for... I told her that i would sell her the car as soon as she was approved for the loan..

About a week later, she called me and told me that her loan went through and she wanted to purchase the car. We agreed on a price($6500) and meet with her at the bank the following day.

I drove the car from my home to her bank, which was approximately 15-20 miles away. After we completed the transaction (money/title) at her bank, i drove the car, with her and her friend following me in another vehicle, to local motor vehicle office to do the title transfer. Once the title transfer was complete, she was very excited with her new car, and drove away...

About 2 weeks later, she calls to tell me that she was having car trouble... She said that she called a mobile mechanic from craigslist to have her car checked, and he told her the car was undriveable and needed over $3,000 worth of repair... What?!?! I told her that she needed to get a second opinion and should go to the dealership to get it looked at..

About 2 weeks later, i get a certified letter in the mail from small claims court.. She alleged that i mislead her and that i knew the car had trouble..
She claims that she got the car fixed for $3600 and now wants me to pay the repair bill..
This is absolutely insane and i believe she is trying to get money out of me...

Can anyone here give me any advice???What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? Hawaii
Hello,
About 2 month ago, i posted my car for sale on craigslist. I got a call from a potential buyer, and we agreed to meet at a parking lot so she can view/drive the car. She brought along her friend whom she said was going to help her look at the car and then decide..

We met at the parking lot, she proceeded to look at the car and then had her friend drive the car... He drove the car and was so impressed by it, that he offered to purchase the car if she didn't herself..

So she agreed to purchase the car, but was waiting on a loan that she had applied for... I told her that i would sell her the car as soon as she was approved for the loan..

About a week later, she called me and told me that her loan went through and she wanted to purchase the car. We agreed on a price($6500) and meet with her at the bank the following day.

I drove the car from my home to her bank, which was approximately 15-20 miles away. After we completed the transaction (money/title) at her bank, i drove the car, with her and her friend following me in another vehicle, to local motor vehicle office to do the title transfer. Once the title transfer was complete, she was very excited with her new car, and drove away...

About 2 weeks later, she calls to tell me that she was having car trouble... She said that she called a mobile mechanic from craigslist to have her car checked, and he told her the car was undriveable and needed over $3,000 worth of repair... What?!?! I told her that she needed to get a second opinion and should go to the dealership to get it looked at..

About 2 weeks later, i get a certified letter in the mail from small claims court.. She alleged that i mislead her and that i knew the car had trouble..
She claims that she got the car fixed for $3600 and now wants me to pay the repair bill..
This is absolutely insane and i believe she is trying to get money out of me...

Can anyone here give me any advice???What is the name of your state (only U.S. law)?

She will have to prove in court that you misrepresented the condition of the vehicle. Make sure you present your case stating that she brought a friend, they drove the vehicle, and gave a factual presentation of the car (if in fact you did).

This is a private-party sale and the fact that she was able to have the vehicle inspected and transfer title works against her.

 

[sandyclaus]

If it isn't in writing, it didn't happen...

What is the name of your state (only U.S. law)? Hawaii
Hello,
About 2 month ago, i posted my car for sale on craigslist. I got a call from a potential buyer, and we agreed to meet at a parking lot so she can view/drive the car. She brought along her friend whom she said was going to help her look at the car and then decide..

We met at the parking lot, she proceeded to look at the car and then had her friend drive the car... He drove the car and was so impressed by it, that he offered to purchase the car if she didn't herself..

So she agreed to purchase the car, but was waiting on a loan that she had applied for... I told her that i would sell her the car as soon as she was approved for the loan..

About a week later, she called me and told me that her loan went through and she wanted to purchase the car. We agreed on a price($6500) and meet with her at the bank the following day.

I drove the car from my home to her bank, which was approximately 15-20 miles away. After we completed the transaction (money/title) at her bank, i drove the car, with her and her friend following me in another vehicle, to local motor vehicle office to do the title transfer. Once the title transfer was complete, she was very excited with her new car, and drove away...

About 2 weeks later, she calls to tell me that she was having car trouble... She said that she called a mobile mechanic from craigslist to have her car checked, and he told her the car was undriveable and needed over $3,000 worth of repair... What?!?! I told her that she needed to get a second opinion and should go to the dealership to get it looked at..

About 2 weeks later, i get a certified letter in the mail from small claims court.. She alleged that i mislead her and that i knew the car had trouble..
She claims that she got the car fixed for $3600 and now wants me to pay the repair bill..
This is absolutely insane and i believe she is trying to get money out of me...

Can anyone here give me any advice???What is the name of your state (only U.S. law)?

in Small claims cases (and the law in general), it's all about the evidence. And in cases involving used car private-party sales, I'm sure you've heard the term "Buyer Beware" used at least more than once. It is the buyer's responsibility to have the car checked out by a mechanic to ensure that it's in good condition before making the purchase. If they do not, and no specific guarantees were made by you as to the condition of the car, then the buyer bears the responsibility for any necessary repairs should the car break down.

This is probably one of the most frequent things I ever see on those TV court shows - and the first question out of the judge's mouth is usually, "Did you have the car checked out by a mechanic before you bought it?", followed by a resounding, "NO, you mean it was my responsibility to do that??"

Do you still have the original copy of the craigslist posting? Was there anything in the listing about selling the car "as-is" or did you provide any kind of written guarantee?

The problem (for the buyer) is that any guarantees or promises made in such a transaction would only be valid if made IN WRITING. (Unless someone recorded you making some kind of guarantee, in which case you'd have to check your state's laws on whether or not it would have required your consent to record in order for such evidence to be valid in court.) If they can't prove that some kind of guarantee exists, then their failure to have the car checked out by the mechanic, then it's never a good result in court for the buyer.