Private Car Sale

[cynthia92114]

What is the name of your state?undefinedWhat is the name of your state?CA
I sold car to a lady that wanted to learn how to drive back in October 2004.When she came to look at the car we had to jump start the car we told her it could be the battery so we bought a new battery for her.We also told her she could bring a mechanic to have it check out. She took somebody to have it check out and we told him that the muffler may need replacement other than that the car ran good and we hadnt had any problems with it. We told her the car is smogged,has tags until Dec 2005, has a new battery and we are asking $700. We did not hear from her until Jan 3, and Jan 15 saying she wanted us tobuy back the car and pay for car reapairs. We said no because it had been three months since she bought the car. She is taking us to court now for the sum of $2000.
Should we just give her the money and take the car back?

 

[Shelby6718]

What did the bill of sale say............

If you gave her a bill of sale which identified the vehicle(year, make, model and vin number) and stated "AS IS" or something to that effect to indicate there were no warranties either implied or stated and the title was in the name of the person actually selling it, go to court.
Unless there is something in this transaction that your not mentioning like a previous salvage title, not actual odometer reading if the car is less than ten years old, liens, writen or verbal promises or guarantees, outdated tags,etc there should be no problem here. Buyers remorse. Many times in private party transactions on used cars "as is " is a unwriten given unless the seller specifies otherwise.
If this is a "clean" transaction, call her bluff.

I am not a lawyer, no where near it but I am a licensed dealer and know a little bit on these things. Honesty is the best policy.