M
maestro-steve
Guest
I sold a 1989 auto in March 2001, a private sale as I'm not a dealer, to an individual. I had maintained the car, replacing various items, including battery, starter, oxygen sensor, and engine in the time I owned it. 2 weeks after the buyer purchased the auto, the engine was found to have a cracked head gasket. I am being taken to small claims court, in New Jersey, because the buyer states that I neglected to inform him that the engine was replaced with a used engine, that it had a cracked head gasket, and that made the odometer reading false (different engine makes the engine's mileage different from the odometer reading), meaning that I mislead him.
I contend that since I was driving the car right up until it was sold, and maintained it, and I felt that I had sold it in perfect condition when it was sold, that I am not responsible for anything that happened after it was out of my hands.
He never had a mechanic check out the car.
I didn't mention the engine for the same reason I wouldn't mention a replaced muffler, it wasn't relevant. If he had asked me about a replaced engine, I would have been truthful, but replaced parts on the car never came up in conversation, and a 1989 auto is presummed to have been repaired and have replaced parts. I say that a different engine doesn't change the mileage on the car, after all, the life of the other parts are still based on the original mileage of the car.
What kind of case does this guy have?
Any particular statute I should know about?
Thank you,
Steve
I contend that since I was driving the car right up until it was sold, and maintained it, and I felt that I had sold it in perfect condition when it was sold, that I am not responsible for anything that happened after it was out of my hands.
He never had a mechanic check out the car.
I didn't mention the engine for the same reason I wouldn't mention a replaced muffler, it wasn't relevant. If he had asked me about a replaced engine, I would have been truthful, but replaced parts on the car never came up in conversation, and a 1989 auto is presummed to have been repaired and have replaced parts. I say that a different engine doesn't change the mileage on the car, after all, the life of the other parts are still based on the original mileage of the car.
What kind of case does this guy have?
Any particular statute I should know about?
Thank you,
Steve