used car sale

[bretty]

What is the name of your state? CA
Hi ,
I live in CA.
I recently sold a 92 model honda to a buyer.
She approached me by seeing my ad in the classified's listing.
SHe asked for few photos by mail and I sent them. I mentioned that I was maintaining it well since day 1 I got it from a dealer.

the buyer said that the car is for her son and he had a test drive. SHe asked for a copy of smog and the last service info. I gave them my recent oil change bill from my mechanic where I had mentioned to check for a "rear sound".

The buyer lady did not ask anything and they paid me on cash and I gave the title to them.
Next day, I dropped off my part of title release slip to DMV.

I hope this trasaction by default is "as is" . Am I right?

After 1 week she mailed me saying that they have some problem to be fixed for $600.
I said sorry and I am not responsible.

She said that she can sue me with my ad and the bill that I gave her saying
"mis representation" or lemon or hiding the facts..
She sent a postal mail with the problem that she stated and the estimate that she took from her mechanic. SHe did not do mechanic check before buying.

Is there anything wrong here..Can she really sue me with the above information.
Please advise me if I have anything to worry about this.

Please let me know your valuable information.

Thanks,
brett

 

[dallas702]

She can sue you if she wants, but she's not going to get a dime. Unless you misrepresented it's ability to pass smog (didn't see that mentioned specifically in her complaint), or the condition of the title, your buyer has a nice '92 Honda to do whatever she wants with.

The car does not qualify under any "lemon" laws. Your sale was "as is".

What exactly did your ad say? Did you make any guarantees or warranties in writing?

There is a common "scam" that's been going on for a few years where buyers of used cars (private party sale) will take a car for a few days, claim all kinds of problems, then ask for a big chunk of $$$ back. If they get it they resell the car for a considerable profit. CA is an epicenter.

Example: 2 years ago my #3 son sold a '94 Mitsubishi Eclipse GS-T to a young man from SoCal. My son had done all the maintenance on the car for the 4 years he owned it. It was in perfect condition with many added enhancements, and never driven hard. The guy got back to L.A. and called my son claiming he had broken down and wanted a big refund to pay for mechanical problems. The only way this car could have had engine problems is if he drove it at 8000 rpms all the way back. Needless to say, after a little hand-wringing and a few emails my son finally told the guy he was not going to give him a dime. We never heard from the buyer again.

Now...do NOT mention passing smog unless your buyer specifically claims it won't pass. If she does, demand to see the failure slip.

 

[bretty]

I gave copy of the smog certificate(passed) and my last oil change slip before she took the title signed.
I put the ad saying it is in good condition. I wrote her saying I had the car for just 6 months and maintaining it well since day1.
I did not say anything in writing about warranty.

 

[InsuranceLadyAZ]

I gave copy of the smog certificate(passed) and my last oil change slip before she took the title signed.
I put the ad saying it is in good condition. I wrote her saying I had the car for just 6 months and maintaining it well since day1.
I did not say anything in writing about warranty.

Then tell her to pound sand.

 

[cjbrown929]

Judge Judy

Now THAT'S a Judge Judy response ("pound sand")!

 

[dallas702]

Or, if she lives in the ghetto tell her to pound asphalt.