jagjitkahuja
Jul 2, 2008, 06:26 PM
Hi,
I stay in California state .
I bought a car in October and sold it to a private party in December because I was moving out of state ( which eventually I did not due to professional reasons but moved to a nearby place as I had already given the notice to my apartment community ) . I advertised that the car is in great condition as it was not giving me any problems after I bought it and got some repairs done on it . The buyer got the car inspected through a certified AAA approved mechanic who told the car was in good condition.Before transferring the title I gave all the maintenance receipts to the buyer and sold him the car for more than the price that I bought since I accounted for the repairs . He signed a bill of sale on a piece of paper that he was buying the car AS-IS and would assume full liabilities of the car from thereon . He dropped me back and on the way noticed that the "Check Engine" light was on . He went back to the mechanic who switched off the light . He drove fine to his place which was quite far off . The next day the light turned on again and his mechanic checked the problem and told him that the car needed repairs . He called me and sent an estimate regarding this and I told him that I am not obligated to pay any money to him as he was buying the car AS-IS. But later on as a gracious gesture I gave him half the money for repairs as he was highly qualified but without a decent job.He cashed the cheque I gave him and few days later demanded more money because it cost more to fix the problem which I refused . He wanted to sue me in small claims court and asked for my address which I did not give to him since my friend had told me that I am not obligated to do it . He hired someone to find my address and sent me a notice . In the notice he mentions that I knew about the problem but did not disclose it and that I advertised that the car is in great condition which was a lie . Please advise if I have a strong case and how should I prepare my case . I have the bill of sale but do not have the copy of the inspection report that was done before the buyer bought the car .
He talked with the autoshop owner about the case and the shop owner was sorry that this happened and refunded his money . Does this make my case weak ?
I stay in California state .
I bought a car in October and sold it to a private party in December because I was moving out of state ( which eventually I did not due to professional reasons but moved to a nearby place as I had already given the notice to my apartment community ) . I advertised that the car is in great condition as it was not giving me any problems after I bought it and got some repairs done on it . The buyer got the car inspected through a certified AAA approved mechanic who told the car was in good condition.Before transferring the title I gave all the maintenance receipts to the buyer and sold him the car for more than the price that I bought since I accounted for the repairs . He signed a bill of sale on a piece of paper that he was buying the car AS-IS and would assume full liabilities of the car from thereon . He dropped me back and on the way noticed that the "Check Engine" light was on . He went back to the mechanic who switched off the light . He drove fine to his place which was quite far off . The next day the light turned on again and his mechanic checked the problem and told him that the car needed repairs . He called me and sent an estimate regarding this and I told him that I am not obligated to pay any money to him as he was buying the car AS-IS. But later on as a gracious gesture I gave him half the money for repairs as he was highly qualified but without a decent job.He cashed the cheque I gave him and few days later demanded more money because it cost more to fix the problem which I refused . He wanted to sue me in small claims court and asked for my address which I did not give to him since my friend had told me that I am not obligated to do it . He hired someone to find my address and sent me a notice . In the notice he mentions that I knew about the problem but did not disclose it and that I advertised that the car is in great condition which was a lie . Please advise if I have a strong case and how should I prepare my case . I have the bill of sale but do not have the copy of the inspection report that was done before the buyer bought the car .
He talked with the autoshop owner about the case and the shop owner was sorry that this happened and refunded his money . Does this make my case weak ?