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    venedig00's Avatar
    venedig00 Posts: 6, Reputation: 1
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    #1

    Mar 12, 2009, 09:09 AM
    I am a small business owner and I am being sued
    I own a small antique car dealership in Florida. We sell cars from the 50s and 60s over the internet. Last year I bought a 1959 project car and it has been restored by my mechanic and some other contracted labor. In July 2008, I sold the car to a customer in New Jersey. I exposes 24 photos on e-bay and described the car to the best of my knowledge. The car was driven to the flat bed in order to be transported to New Jersey. Upon arriving, the guy in New Jersey said that the car was not running, and he wanted to give the car back. He paid 21,900 for the car plus 1,000 in shipping. He wanted his whole money back car+ shipping. Like I said, I described the car to the best of my knowledge, all what I said in the description is true. I didn't say that the restoration was number 1 or 2 or Pebble Beach. I only advertised as a restored car in good running condition. Certainly I sold the car in AS IS condition and on my ad I encourage all potential customers to inspect the car before bidding. Moreover, I point out that it is the responsibility of the buyer to satisfy himself or herself about the condition of the car before bidding... etc. Anyway, now the lawyer from this guy is suing me for almost 28,000 because he wants to give the car back and he had in the meantime repair bills. What can I do? I am exhausted...
    Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 12, 2009, 11:20 AM

    Now that it's in suit you have no choice but to retain an Attorney and take the Attorney's advice. If you do nothing a default Judgment will be granted against you.

    You can either pay what he is asking or defend yourself.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Mar 12, 2009, 12:01 PM

    And part of the issue if the car was not "running" when he received it, then there is a advertising issue.

    Did you have a third party ( not related to your company) inspect the car prior to packing to confirm it was in running condition ?

    But if he has mechanic statements that the car was not in running condition,

    Also if the "restore" was not what a ordinary person would expert and the quality not up to reasonable standards, there may be a issue.

    Restored to me for example, would mean it was back to almost new condition, and I have a feeling a jury may think so also.

    Your best bet at the time would have been to take it back minus shipping in both directions but that is too late.
    Now you will have to defend this in court, you will need statements of the people who restored the car, photos of the care and more.
    venedig00's Avatar
    venedig00 Posts: 6, Reputation: 1
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    #4

    Mar 12, 2009, 12:59 PM
    The truck driver drove the car to the flat bed. He is not related to me. The person who did the body work and painted the car has been preparing and painting cars for 20 years.
    venedig00's Avatar
    venedig00 Posts: 6, Reputation: 1
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    #5

    Mar 12, 2009, 06:31 PM
    Quote Originally Posted by Fr_Chuck View Post
    And part of the issue if the car was not "running" when he recieved it, then there is a advertising issue.

    Did you have a third party ( not related to your company) inspect the car prior to packing to confirm it was in running condition ?

    But if he has mechanic statements that the car was not in running condition,

    Also if the "restore" was not what a ordinary person would expert and the quality not up to reasonable standards, there may be a issue.

    Restored to me for example, would mean it was back to almost new condition, and I have a feeling a jury may think so also.

    your best bet at the time would have been to take it back minus shipping in both directions but that is too late.
    Now you will have to defend this in court, you will need statements of the people who restored the car, photos of the care and more.
    The car was prepared and painted by a person who has been doing that professionally for 20 years. The truck driver drove the car to the flat bed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 13, 2009, 04:10 AM
    Quote Originally Posted by venedig00 View Post
    The car was prepared and painted by a person who has been doing that professionally for 20 years. The truck driver drove the car to the flat bed.


    You still have two choices - refund the money and don't go to Court OR don't refund the money and defend yourself in Court.

    This is above the Small Claims Court limit so the legal fees will be high. If it is decided that consumer fraud is involved there is a possibility you will be responsible for paying the other party's legal fees.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 13, 2009, 05:51 AM

    If the truck driver will testify that the car was in running condition when it was placed on the flatbed, you may be able to defend yourself. But it will be costly.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Mar 13, 2009, 06:48 AM

    Hello v:

    As others have indicated, you're between a rock and a hard place.

    I'd try to make a deal with him saying you'll give him back his money (and only his money - nothing more) when the car arrives back at your shop.

    It's a good deal for him and you.

    Sometimes, however, people aren't very reasonable, so if he turns down this offer, you have no other choice but to defend yourself, or let him rip you off.

    excon
    venedig00's Avatar
    venedig00 Posts: 6, Reputation: 1
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    #9

    Mar 13, 2009, 08:19 PM
    [QUOTE=excon;1602180]Hello v:

    As others have indicated, you're between a rock and a hard place.

    I'd try to make a deal with him saying you'll give him back his money (and only his money - nothing more) when the car arrives back at your shop.

    It's a good deal for him and you.
    Sometimes, however, people aren't very reasonable, so if he turns down this offer, you have no other choice but to defend yourself, or let him rip you off.

    This person is not reasonable at all. He wants me to pay the full amount for the car + 1,000 shipping to his location + 6,000 in expenses +shipping to my location (1,000). I propossed to him to keep the car, and I would pay $2,800 that he supossely spent in fixing the brakes. But he wants more money. This buyer even mentioned that he bough a 1958 Merces Benz 190 SL from a dealer in Long Island, and after driving it , he returned the car. He lives in New Jersey, and he bought the Mercedes Benz in New york, so maybe the dealer just took the car back to avoid the hassle I am going through. Moreover, this guy is suing me quoting the New jersey lemon Law. My understanding is that the Lemon Law applies to new cars, and is between the manufacturer and the customer. This car is from 1959!!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Mar 14, 2009, 05:42 AM
    Quote Originally Posted by venedig00 View Post
    Moreover, this guy is suing me quoting the New jersey lemon Law. My understanding is that the Lemon Law applies to new cars, and is between the manufacturer and the customer. This car is from 1959!!!
    No, lemon laws do apply to used cars. But I don't think they would apply to classic cars. Also, are you a licensed dealer or do you sell cars like a private sale? Lemon laws generally don't apply to private sales.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Mar 14, 2009, 07:15 AM
    [QUOTE=venedig00;1603652]
    Quote Originally Posted by excon View Post
    Hello v:

    As others have indicated, you're between a rock and a hard place.

    I'd try to make a deal with him saying you'll give him back his money (and only his money - nothing more) when the car arrives back at your shop.

    It's a good deal for him and you.
    Sometimes, however, people aren't very reasonable, so if he turns down this offer, you have no other choice but to defend yourself, or let him rip you off.

    This person is not reasonable at all. He wants me to pay the full amount for the car + 1,000 shipping to his location + 6,000 in expenses +shipping to my location (1,000). I propossed to him to keep the car, and I would pay $2,800 that he supossely spent in fixing the brakes. But he wants more money. This buyer even mentioned that he bough a 1958 Merces Benz 190 SL from a dealer in Long Island, and after driving it , he returned the car. He lives in New Jersey, and he bought the Mercedes Benz in New york, so maybe the dealer just took the car back to avoid the hassle I am going thru. Moreover, this guy is suing me quoting the New jersey lemon Law. My understanding is that the Lemon Law applies to new cars, and is between the manufacturer and the customer. This car is from 1959!!!


    While all of this may or may not be fascinating you have two choices: pay him whatever he wants to settle or go to Court. His past history is meaningless.
    venedig00's Avatar
    venedig00 Posts: 6, Reputation: 1
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    #12

    Mar 14, 2009, 01:32 PM
    I have been reading the New Jersey's Attorney's General web page regarding the Lemon Law, and only new cars are mentioned when talking about the NJ lemon law. However, I have seen other pages where they mentioned up to 7 year old models. I also believed that the Lemon Law do apply to used cars, but I do not believe that they would apply to a car from 1959. Yes I am a licensed and bonded dealer in Florida.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Mar 14, 2009, 07:00 PM

    The Lemon Law covers new passenger motor vehicles and motorcycles which are purchased, leased or
    Registered in New Jersey. If you purchased or leased your vehicle used but it is still under 18,000 miles and
    under 2 years from the date of original delivery, you may still qualify under the New Car Lemon Law.

    Consumer's Guide to the New Jersey Lemon Law
    venedig00's Avatar
    venedig00 Posts: 6, Reputation: 1
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    #14

    Mar 16, 2009, 07:24 AM
    Thank you for all your comments. It makes me feel better. Do you have any idea how counter suing works. You have been paying more attention to my question than my own lawyer. She didn't even know about the New Jersey Lemon Law until I told her, so much for asking $250 an hour...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Apr 10, 2009, 12:13 PM

    Your answer would be your denial; your countersuit would be written the same as if you sued them from the beginning.

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