[drummer765]

Someone came to see my car on Thursday morning at 12:15 in the morning on April 16, 2009 and then sent his friends later on that day and they purchased the car from me on Thursday, April 16, 2009 and I told him that the car smoked (used oil) and that the cv joints need to be replaced before he bought it. He started texting me saying I owe him money for a camber kit that he said I said was on the car. I never said it was on there, I said (to his friends) that I thought it may be on there but I didn't know. Then, on Monday, April 20, 2009 he said that the motor seized up on him and threatened me. I never knew that the motor would seize up, but he knew it used oil and let it run low. Now he wants to take me to court. Can he actually do that even though I told him what was wrong with the car?

[Perito]

He can take you to court. If what you're telling us is the truth, and if the judge believes you, he won't win.

Most used cars are sold "as is". Unless you represented the car as something it was not, you're OK.

[twinkiedooter]

He can take you to court but he probably won't win his case against you. If you did tell him what was wrong with the car prior to purchasing it you'll be in the clear. And anyway, used cars are sold "as is" warts and all with no guarantees or warranties from a private person. Now if you were a car dealer and promised him say a year warranty that would be an entirely different matter. He's probably mad he didn't add oil to the engine and now is trying to blame you for his stupidity.

[JudyKayTee]

The car is presumed to be sold as is. Did you also write "as is" on the sales receipt?

[this8384]

Like Judy pointed out, it would be best if you had something in writing.

Until you've actually been served with papers, I wouldn't worry about it. He's probably just running his mouth because he's upset.

If he is stupid enough to sue you, go into court and present your case just as you have here: you told him it used oil, he neglected to check the oil level and the motor seized as a result. He'll probably lie and say you never told him that. The judge will either believe you or him.

Odds are in your favor because anyone who buys a car and wrecks the motor 4 days later is a tool... not to mention the lifters would've been clattering LONG before it seized due to lack of lubrication.

[twinkiedooter]

This8384 is correct. The person would have noticed all the racket coming from the engine if no oil had been added. And believe me, it would have been quite loud.