small claims court

[lupacchino2000]

My problem is just over a month ago, I sold a van for 1300.00 to a lady. Two days later, she wanted her money back claiming the van was junk and had x amount of problems with it. (it did not)
I wrote "as is" on the receipt.

Now I received small claim court papers to appear in september her suing me for the $1300.00! Does she have a case? Will the case be thrown out due to me putting "As is" on the bill of sale?
This case is in Ithaca, NY.

Thank you in advance for your advice and concideration.

Disregard the message below. Its mine, but I feel this one is more thorough. Please email my reply if you can.

 

[JETX]

Sorry, but unless we were there to hear ALL the conversations and possible agreements and statements and also see the actual documents that were part of any agreement, it is impossible for us to know what case, if any, that she might have.

And our opinion on this is really irrelevant. You have been sued and you will now have to defend against her claims, whatever they are.

I will admit though, that barring some unforeseen argument by her, your case does appear to be fairly strong. The 'As is' certainly helps, but she might claim it was added AFTER the sale. Further, the law pretty much puts the requirement on the buyer to be aware of what he/she is buying (Caveat Emptor). However, if you were deceptive in your sale, then it would bounce back against you.