• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

help help Used car sale (breach of contract)help help help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cato85

Junior Member
I am in california.
i sold a used car to a person and they are coming back 10 days later saying i had breached contract they understood under the bill of sale that the vehicle had no warantee and was sold in an as-is condition they under stood there was an oil leak and that there was more work to be done to the car. the vehicle they purchased had 387,000 miles. i told the new owners that eventhough i had no paper proving it the previous owner had the engine rebuilt and so fourth i had purchased the car from an elderly gentleman at lease in his mid 80's. so now the new owners are saying that they want to bring her friend the DA down on me and sue me for the car. My bill of sale stated that the car has no warantee either expressed or implied and in an as-is condition, that the total payment and down payment were non-refundable and that the vehicle may or may not conform to california state vehicle code/regulations. also, the new owner voiced that they wanted to take it to their mechanic and have it inspected i said that fine all i'll need is a release of liability and you can take it to him they never acted on this. when they drove the car for over 30 mins on a test drive they noted that is had problems and i agreed. 1 week later they came signed papers and drove off with the car. i want to know if she really has a case or not and what i can do.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Did you provide them with a valid SMOG cert?

Beyond that, tell them to pound sound.
 

cato85

Junior Member
vehicle was sold with electronic form of smog which was i believe less than 3 months old which the california DMV will honor.
 

Zigner

Senior Member, Non-Attorney
vehicle was sold with electronic form of smog which was i believe less than 3 months old which the california DMV will honor.
Yes - the report of inspection is fine.
Tell the buyer to:

1: Enjoy his new car
2: Pound sand
3: Bite rocks


(Or any combination of the above!)
 

cato85

Junior Member
here is a copy of the bill of sale:

Bill Of Sale

Date: ________________________

I, the undersigned seller, _____________________________ for the sum of $_____________ (________________________________ dollars) sell to the undersigned buyer, ________________________________________ the following vehicle.

I _____________________ buyer agree that this used 1990 Jeep Wagoneer is being sold with no warrantee or guarantee either expressed or implied, and in an as-is condition for this vehicle. I __________________ buyer agree that the down payment and total payment of truck is non-refundable. I _______________________ buyer accept these terms of agreement for the sale and purchase of this 1990 Jeep Wagnoneer. Current owner _________________________ completely releases any and all liability of bodily injury, property damage, ect. Equipment on this vehicle may or may not conform to California State Vehicle Code/Regulations buyer agrees to this.

Seller:

Seller's name (print)________________________________________

Seller's signature__________________________________________

Street address________________________________Apt.___________
City_____________________State____________Zip code____________
Phone #__________________

Buyer:

Buyer's name (print)________________________________________

Buyer's signature__________________________________________

Street address_____________________________Apt.______________
City_____________________State____________Zip code____________
Phone #__________________

Vehicle:

Make________________________________ Model_________________ Year_________
Vin number____________________________________ Mileage____________________

I/We certify under penalty of perjury, that the statements made are true and correct to the best of my/our knowledge, information, and belief. I understand that giving a false statement(s) is a misdemeanor and may be subject to fines, imprisonment, or both.

Seller Signature: ____________________________________ Date: _____________
Buyer Signature: _____________________________________ Date: ____________
Witness Signature: ___________________________________ Date: ____________
Witness Name: __________________________Address:__________________________
Phone#_____________________ __________________________
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top