sold a car as is on facebook, the person who bought it said two days later it got hot on them and that it was a car at a auction, i have owned this car for four years. told them it had my name on the title no auction car, then they texted back and said a garage told them a thermostat probably stuck open, then a week later they texted back saying it overheated and they are going to sue me, is there a law to protect the seller or do i prepare to go to court
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
sold as is
- Thread Starter bberdeena
- Start date
army judge
Super Moderator
When people are upset, some threaten to sue.
If they sue, you simply make sure you appear and explain the sale was "as-is".
If they sue, you simply make sure you appear and explain the sale was "as-is".
mightymoose
Moderator
Your best course of action here is to do absolutely nothing. Stop all communication with the buyer. Move on.
Betty3
Well-Known Member
You sold it "as is" - the buyer was aware of that (it's buyer beware). You might not even be sued - if you are, explain that you sold it "as is" which is generally how a used car is sold.
Army judge has probably nailed this one. Most of the time, when people are frustrated they will try an empty threat of a lawsuit to scare the other party into conceding to their wishes.
The bottom line is this -- did you make any representations or warranties about the car that would lead the car buyer to assume that the transaction wasn't "as is" but guaranteed to work for a period of time? If the other person is claiming that you bought a car at auction that you insist you owned for four years and that is true, it seems more like they are trying to scare you into admitting something to help their case because they have nothing else to blame you for what amounts to their mistake and/or failure to inspect or use the car properly.
I also agree wholeheartedly with mightymoose. I'd probably shut down communications immediately because it seems like they are trying to find some weak spot to base a case upon and obtain some return on their bad investment. Talking to them beyond saying the same thing repeatedly and nothing more is counterproductive. Best to politely remind them that you'll go to court if necessary and politely hang up the phone. Good luck.
The bottom line is this -- did you make any representations or warranties about the car that would lead the car buyer to assume that the transaction wasn't "as is" but guaranteed to work for a period of time? If the other person is claiming that you bought a car at auction that you insist you owned for four years and that is true, it seems more like they are trying to scare you into admitting something to help their case because they have nothing else to blame you for what amounts to their mistake and/or failure to inspect or use the car properly.
I also agree wholeheartedly with mightymoose. I'd probably shut down communications immediately because it seems like they are trying to find some weak spot to base a case upon and obtain some return on their bad investment. Talking to them beyond saying the same thing repeatedly and nothing more is counterproductive. Best to politely remind them that you'll go to court if necessary and politely hang up the phone. Good luck.
Share this page
