Alleged Faulty Car Buyers Check

[jfrowmo]

My jurisdiction is: Texas

I am the owner of an auto repair shop and am being sued because of a $32.50 visual buyers check that I performed on a vehicle prior to customer purchase. The vehicle had several issues which were all documented on the buyers check. One of the issues was an oil leak at the valve cover which would require further diagnosis that customer did not want to pay for at that time. Customer purchased car and 1 month later brought the vehicle back for the oil leak issue. Upon removal of the valve cover from engine, I discovered a badly sludged up engine as well as the cause of the oil leak being compression leaking by the piston rings causing excess crankcase pressure which was pushing the oil out of the valve cover gasket. The only fix is of course is a new engine. Customer now suing me for $6.962.00 in small claims court saying he bought the car only because I did not find anything major wrong with it upon my pre-buyers inspection. I might also add that my checklist plainly states on the bottom that I am not responsible for any errors or omissions stated on buyers check. The invoice also clearly stated the issues with the car including the oil leak. Does this guy have a leg to stand on? If he does seems like a heck of a way for everyone to get a cheap warranty on any future car purchases.

 

[Gail_in_Georgia]

If you have documentation regarding you finding the oil leak (which he chose to do nothing about), it would certainly appear that his claim that you did not find anything wrong with the car upon inspection would ...well...float away like oil on water at the hearing.

Gail

 

[jfrowmo]

Thanks for the reply. He is not saying that I did not find anything wrong. He is saying that I did not determine that the engine was bad during the buyers check and that since I did not catch that fact he took my checkout to mean that the car was sound except for what I noted and then he bought it based on my findings.