[jagjitkahuja]

I stay in California and I had bought the car just 2 months ago from a private party . The car needed some repairs ( Cold start problem ) and after I bought the car , the mechanic fixed the problem by placing some part in a tank overnight to clean it up and did some tuning on the car .
Now I had to move out of state as my job contract got expired so I sold of the car to another private party . He got the car inspected thoroughly by AAA approved mechanic shop and he certified that the car was in great condition . The buyer signed an agreement in which he stated that he would be buying the car AS-IS and would hold all liabilities of the car from now on . And I had signed a document that I have disclosed to him of all the problems in my knowledge . I had also given him the receipts of the maintenance that I had done on the car .
After I sold the car and took the money , the next day the buyer calls me up and tells me that the Check Engine Light was on and that the car in not in great condition . He demanded that I return the money to him and take the car back which obviously I did not do . I felt bad about the person and the fact that he was jobless , I paid him half the money to fix the problem ( he had sent me an estimate to fix the problem which was 800$ ) . Things were moving fine when he called me one day and demanded additional 250$ because it cost him more to fix the problem . I did not like that I told him that I will not pay him because I was not obligated to pay him and I felt that he is taking advantage of my kindness .
He is now taking me to small claims court because he feels that I knew about the problem and did not tell him . Also his mechanic said that Cold Start problem mentioned in the receipts that I had given him indicated that I knew about the problem .
Please advise me what should I do ? I feel that I have a strong case but I need an expert opinion .
Your help is appreciated..

[ScottGem]

You have a bill of sale stating the sale was AS-IS. He had the car inspected by a mechanic. He hasn't a leg to stand on.

[twinkiedooter]

As is means that he cannot come back on you even if the engine fell out of the car the next day. What you see is what you get. Am very surprised that you gave him $400 to fix a car that was sold as is. Apparently he must think you are made of money. If you have a copy of the AS IS bill of sale - then he is just wasting his time and filing fee to sue you as you will win.

[jagjitkahuja]

Thanks for the quick response..
Is there any way I can get my 400$ back which I already gave it to him ?
Should I file a case in the small claims court to get that money ?
Also can I claim the expenses incurred while travelling to the small claims court ?

[JudyKayTee]

Thanks for the quick response ..
Is there any way I can get my 400$ back which I already gave it to him ?
Should I file a case in the small claims court to get that money ?
Also can I claim the expenses incurred while travelling to the small claims court ?

If he sues you you would file a counterclaim for the $400, not a whole new case.

I am not sure that your paying him part of the car repair didn't nullify your original "as is" agreement. Your payment may lead the Court to "assume" that there was a problem and you knew about it - as well as throwing out the "as is" part.

[Fr_Chuck]

You owe him nothing for any repairs what so ever, tell them to sue if they want to waste their money. Your paperwork 'as is" and the car inspection is all you need

[N0help4u]

If you gave him receipts about the cold start problem or disclosed it to him in writing then you are not responsible because you did disclose it. You sold it as is and he had a AAA mechanic go over it. You did more than you should have by giving him money back. Let him take you to court and maybe you should counter sue him for pressuring you into believing you were obligated to give him money for an as is car.
He is trying to get something for nothing.