Being sued

[Angy400]

HI,
My husband sold a 1959 VW Bug 10 months ago to some women for $3200.They now want a refund for it or will take him to court. They claim they have never been able to drive it. My husband has looked at it over 3 times for them.All was fine. When the battery was dead in this car they replaced it and hooked the cables up incorrectly. It ruined the alternator and other stuff. They took it to be repaired. While there we feel the mechanics did something wrong because now the car has engine problems. Mostly backfiring. This can be caused by mixing the wires when they did the repair.My husband told them the repair place messed up yet they didnt go back to them to have it fixed.The car never had this problem when we had it or when they bought it. This car was a fixer upper for my husband. He bought it with a rebuilt engine. He basically did all the interior and exterior work.He never claimed to have totally rebuilt this car and he told them so when they bought it.This car was sold "AS IS" and they dont deny it.My husband is a mechanic and they felt he should have had this car in better working condition.It worked fine when he had it. Now after 10 months,with it pretty much sitting around, there are more problems with it and they want a refund. Do they have a chance to win at all?? We are in California. My husband has been very helpful to them. Like I stated he looked it over many times for them.
Thanks,
Angela

 

[TCB4U2B2B]

Buyer Beware

Hello Angela

The assumption here is the sale was between private parties and not from a used car dealers lot. You stated your husband is a mechanic and unless I missed a point, you never mentioned how the sale was conducted.

However, regardless but more so if the sales was a private party sale...it's BUYER BEWARE!

I have not doubt that the vehicle was in good shape upon the sale. There is no guarantee nor warranty on the sale of vehicles between private parties. Therefore, the buyer can make all the threats regarding law suites they like.

Their chances of even getting into court are slim to none. They failed to have the vehicle inspected by their own personal mechanic and most likely never took it to any REAL mechanic at all...except maybe the "Backyard Mechanic' and or "Shadetree Mechanic." in their own backyard...

Rest Easy on this one and avoid selling vehicles via private party. Often not worth the aggravations.

Question Answered.
Courts Adjourned.
Regards and Good Luck.
TCB4U2B2B
At Your Service.
Providing No Real Legal Advice. Administering "Huge Doses of Reality" on Demand or as Required...
Personal Quote: "When In Doubt, Consider All Your Options and Allow Common Sense To Prevail."

 

[ajrusz]

This inquiry is for TCB4U2B2B, but I would welcome input from the rest of the forum community.

Dear TCB4U2B2B,

Would you advise that consumers do not have any option for legal recourse if they did not have a certified mechanic inspect the vehicle prior to the sale? I find this difficult to swallow.

I can appreciate the importance of "BUYER BEWARE!", but is the seller obligated to disclose to the buyer problems or potential problems with the item he is selling?

I will be awaiting your reply. Thanks.

Sincerely,
--Aaron.

 

[ajrusz]

Also, if possible, could anyone recommend a resource for info on disclosure rights of consumers?

Thanks.
--Aaron.