AllYouCanTiff
Junior Member
What is the name of your state? NY
In May, I sold an 02 Subaru for 11900 on Ebay. The price is about 4000 below KBB value but I let the car go. The buyer came from NC to pick up the car here in NY. He test drove it, completed the sale and drove the car home. Also, he wanted to buy an extra set of wheels I had but did not have the money for it. In good faith, I told him he could take the wheels first and paypal me the money when he gets home (they were $600). In 1 weeks time, he calls me and tells me the engine/tranny needs complete rebuild. When I sold the car, the car had a check engine light, which i had it checked out by a friend mechanic that said it needed a tune up is all. Now he claims the car is completely RUINED... that 2 cylinders are blown and the transmission is shot. I dont know how these problems did not show during his test drive but this is what he claims.
Now he wants me to pay for his damages. At first it was 4000, then he continued dropping the price seeing if i would pay. He wasnt going to give me back the unpaid wheels either. Now hes threatening me that if I dont pay him 1000 (big drop from 4000) tonight thru paypal, he would start the legal process of suing me tomorrow.
Now i have a few questions
According NY lemon laws applying to private party car sales, the buyer is NOT protected under lemon laws stating that they could come back and claim for damages done to the car after it leaves the seller's hands.
Since the car was bought off Ebay, but the it was a NY title and the whole transaction was done in NY, does that mean NY lemon laws will apply to this case instead of where the buyer is from (NC)?
Also, if he were to sue me, would the trial take place in NY or NC?
Thanks in advance.
-Tiffany
In May, I sold an 02 Subaru for 11900 on Ebay. The price is about 4000 below KBB value but I let the car go. The buyer came from NC to pick up the car here in NY. He test drove it, completed the sale and drove the car home. Also, he wanted to buy an extra set of wheels I had but did not have the money for it. In good faith, I told him he could take the wheels first and paypal me the money when he gets home (they were $600). In 1 weeks time, he calls me and tells me the engine/tranny needs complete rebuild. When I sold the car, the car had a check engine light, which i had it checked out by a friend mechanic that said it needed a tune up is all. Now he claims the car is completely RUINED... that 2 cylinders are blown and the transmission is shot. I dont know how these problems did not show during his test drive but this is what he claims.
Now he wants me to pay for his damages. At first it was 4000, then he continued dropping the price seeing if i would pay. He wasnt going to give me back the unpaid wheels either. Now hes threatening me that if I dont pay him 1000 (big drop from 4000) tonight thru paypal, he would start the legal process of suing me tomorrow.
Now i have a few questions
According NY lemon laws applying to private party car sales, the buyer is NOT protected under lemon laws stating that they could come back and claim for damages done to the car after it leaves the seller's hands.
Since the car was bought off Ebay, but the it was a NY title and the whole transaction was done in NY, does that mean NY lemon laws will apply to this case instead of where the buyer is from (NC)?
Also, if he were to sue me, would the trial take place in NY or NC?
Thanks in advance.
-Tiffany