Sold a car and it broke down on buyer?
Private sale. Bill of sale says sold as is.
Car is a 2002 Honda Civic 5-Speed.
When I purchased the car it had 280,000km, it had a blown head gasket which I replaced & found out that the motor was toast. So I purchased a used motor with 130,000km, put it in, then had to replace the battery, alternator, starter and one of the sensors. It passed safety & etest. The car ran great but my cousin offered to sell me his Mustang so I sold the Civic.
The buyer is about 18 or 19 years old. I drove for him to check it out, took him for a test drive in it and he said he'd get his dad to take a look. I went back the next day and his dad looked it up and down then took it for a test drive. They had no complaints about it's performance so he bought it, I even saw him out driving it a couple weeks later and he looked pleased. I did tell him to do an oil change because I hadn't.
About a month later he calls me saying he's going to sue me because he drove the car across the border to the States and it overheated and he blew a head gasket. He's trying to say I sold it with a blown head gasket but he would have blown it when he drove the car all that way as it was overheating.
It has been almost two months now and I saw him in person about two weeks ago and he came up to me and said "I'll see you in a couple months"
I don't think he has a case at all but I just wanted other peoples opinions.
"Bill of sale says sold as is. "
Case closed. It wouldn't matter if the car fell apart the next day. He accepted all of the risk of an "as-is" sale and you never lied to him about the condition of the car. He has no case.
If you did not hide any problems that you should have known about, he has no case. Which does not prevent him from filing a case anyway.
Georgia, USA does have lemon laws.
With that being said, it was obviously an old car, if they drove it for months and drove it a lot, going to be tough to prove you sold them a bad car.
My wife bought a car "as is" without taking it to a mechanic first, and the transmission went out the next day, so we went to small claims court and the judge would not rescind the sale, but he did order the seller to reimburse us for the cost of the transmission repair since he did not believe that he would not have known that this was needed and should have disclosed it.
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