Can someone sue if you sold them a used vehicle?

Question

Here's the emails between an individual and I. Keep in mind the vehicle was sold July 8th. I'm still getting emails.

She called me after leaving my house and said the cruise didn't work. Here's what I told her the next day:

When we sold you the truck we disclosed to you that the gas gage sometimes doesn't work and that the AC needed to be charged. As far as the cruise control we would be willing to send you $200 to help get it repaired, or buy the truck back minus the money needed to get a new title and the time you've had it in your possession. $1,400. I feel that we were very up front from the beginning and asked for you to test drive it multiple times which you declined. Please let us know what you would prefer.

She has since written me back- 2 weeks later and now wants the $200. She is also saying the tranny is having problems. Which in the 2 years I owned it never had a problem. She is also saying that it'll cost her hundreds to fix the gas gauge and A/C. What should I do?

Answer 1

Did you sell her some kind of warranty with the car? When you buy a car from an individual you will pay less than a dealer but there are some risks involved. If you were honest with her about the condition of the car when you sold it to her then you don't owe her anything. I would simply tell her that and have no further contact with her.

Answer 2

keep this email and if she takes you to small claims court, you have proof she knew of the problems with the truck.

used vehicles are purchased "as is"

Answer 3

If you just sold her the car without any written guarentee that you would fix any problems with the car, you dont have to ay for anything. It was her responsibility to make sure it was working properly before she bought it. Yu could have told her it was in perfect condition and even if the whole car fell apart as soon as she bought it you would not be liable.

Again as long as you didn't give her a signed written guarentee on the car, it is her problem.

Answer 4

Depends on where you are at. Here in Michigan private party sales are all considered "as is" in the eyes of the law.

She should have taken it to a mechanic before buying it to get it checked out.

Answer 5

Hi- same thing happened to me, and by sending her the money, you are admitting to fault. If the car was horrible, she would have been in constant contact, plus the fact that you offered to let her test drive and she refused...no judge would take that case seriously. =)

Answer 6

If you told her of the faults with the car, or had them on a slip of paper for her to see, or listed them in the ad, you are free and clear. She should have had it inspected.

Answer 7

maybe

Answer 8

if you lied & said it was new, yes. otherwise, probablyyyy not

Answer 9

Anyone can sue anyone else for anything.Thats how lawyers make their money.You should have specified "as is,where is"

Answer 10

If you filled out a reciept that says sold AS IS or no warranties implied, then you can LAUGH IN HER FACE,

She is just trying to soak up all that cash she gave you for the truck....... Its happened to me before... And NO she CANNOT sue if you have a reciept

Answer 11

From what you've written yes they still can. They have what's called "lemon laws".  But it doesn't seem like she even has enough money to take you to court. What you should do thought is try to help her as much as possible or at least to the point where the car is safe to drive and drivable. The gas gage and tranny would be the best thing to help on. As far as the a/c that is a luxury and she can do that herself. By the way tell her that the mechanic that said she needed to convert the a/c is wrong she can still use the R-12 freon just as long as it's a certified mechanic that's doing it. But help her out and you'll avoid all the stress about being sued. I'm sure she'll be grateful and understanding because not too many people who sell their cars help out afterward. Best of luck!

Answer 12

Since she says she wants the $200, you could have her sign

a note in exchange for the $200.  The note would say that

the $200 is for the final resolution of the matter.  That would

make it even more of an open and shut case if she tried to sue.

Apparently some shop told her that she would be better off

converting the AC than filling it.  If you have a good mechanic

who will fill it at a decent price, you can suggest that mechanic.

Doing so in writing, at least via email, again makes a record

that you're going out of your way to help her and be nice.

She said:

I know that you told me the gas gauge sometimes worked

and sometimes didn't but I didn't realize that it was going

to cost $200.00 to have it fixed.

That's good she just said in writing that you did tell her about

the gas gauge.  I would respond saying that neither of you

knew what the cost might be - it could have been $50 or it

could have been $500.  She decided to buy the car without

knowing. She could easily have called her mechanic and asked for a guesstimate before buying the car, but she

decided not to.

Were this a $2 million case, I might be concerned about

"admitting liability", as another person answered.  However,

a case like this would end up in small claims court, where

judges generally pay more attention to fairness and who is

"doing the right thing" versus the letter of the law.  By being

a nice guy and putting that niceness in writing you're showing

a potential judge that you've gone the extra mile to help a

the "whiny" plaintiff, which will make a judge "like" you and

want to go your way.

Answer 13

when you sold her the car, did the bill of sale (you should each have a signed copy) state that the vehicle was sold "as is" or did you list any problems? if you listed anything that you would reimburse for (like re charging the a/c) you are responsible. if you sold it "as is" you are not.



I just bought a car and the seller agreed to reimbuse me for the a/c and the cruise control. but he did not disclose the fact that oil poured out of it. the bill of sale did not state that the car was sold "as is" and he is responsible for the 700.00 repair.

i also just sold a car and the bill of sale stated "as is with no warrant expressed or implied" i told him what was wrong with the car (windo sticks, speedo didn't work) but i am not responsible for anything that goes wrong once he drove it away.

Answer 14

Unless you sold a warranty as well as a car, with this E-mail i would say you are in good faith trying to help her.  Going to court on her part would be a total embarrassment.  you are going in the right direction.  IF you send her the $200 for the AC I would send it so it has to be signed for. and keep all receipts.  Good luck.