question about small claims court

[jimbob]

any lawyers around?

so i sold a car to a guy and now he finds out it needs lots of work done to it and wants his money back. i put "as is" on the bill of sale and told him it was a project car. does he have a case?

cheers

[5l1mm]

any lawyers around?

so i sold a car to a guy and now he finds out it needs lots of work done to it and wants his money back. i put "as is" on the bill of sale and told him it was a project car. does he have a case?

cheers

can you prove he agreed to an "as is" contract?
do you have an original posting of the ad?

print them up, your solid.

[jimbob]

have the posting saved and a witness that saw us write up the bill of sale

[jay]

Then he can piss up a rope. Show any judge that there bill of sale saying as is and that's the end of it. Unless your buyer shows up with a forged BOS showing it as being a show ready trailer queen.

[cat34evr]

In most states there is a three day window to return pretty much anything that you buy for simply "Buyers Remorse", in other words, you just changed your mind. If he has had the car for more than three days, unless he has a warranty provided by you, then he has no claim. "As-Is" is assumed to be the terms of sale unless there is paperwork stating otherwise. That said, I still sell any vehicle with a Bill of Sale that states clearly, "Vehicle is sold "As-Is" with no warranty, either written or implied". Most state DMV websites have a generic BOS that you can use. If not, make your own. Have both the buyer, you and a witness sign the BOS and you will sleep better.

[jimbob]

always use BOS he bought it sat but im in alberta canada im not sure what the laws are for that.

[90prtege]

basically he can go piss on a electric fence there is NO recourse for him

[Turpro]

Drop your left nut in his wifes mouth and file a counter claim for time off work and mental anguish(sp) for having to deal with his dumbass. He should've had a mechanic look at it before buying it.

[atomicEGT]

I've actually been to court for this- my friend sold a girl his Mustang and she overheated it and blew the headgaskets, then tried to make him pay for it. As soon as the judge found out it was sold "as-is" he said, "okay, we're done here" and proceeded to chew out the girl and her mother for wasting his time.

[Hybrid Liger]

Just bring out any and all documentation you have related to the sale of the car. Even if at court it may not seem necessary, by having a ton of prepared paperwork, the judges get a great first-impression.

As long as you have all papers, pretty much every car sale is an "as is" with exception of transferrable warranties.

[roymacavoy]

hope he doesnt show, then the judge will find for you and he cant bring it up again.

[FazdaBoy4ever]

I dont know what car specifically was sold, but I would guess it is nearly 20 years old being a member of this forum, that said as is, i believe is implied when purchasing a used vehicle of that age. I would not worry at AAALLLLLLLLLL. That is why you pay a mechanic to look at it so you know before you lay down the green.

BTW I dont think buyers remorse is an option for private party sales, PERIOD! plus buyers remorse is not you buying a car THEN taking it to a mechanic and only THEN having remorse is not what that law is made for... its made for you going and taking our a 40k dollar loan then realizing its too much, or you didnt need it like you though you did.

All in all your safe 100%, as I said with the age and it being automatically an as-is sale HE would have to proove that you made your own garantee... good luck to him.

[therieldeal]

exactly. so basically he'd have to come up with some sort of forged document stating the warranty terms, with your signature on it.

somehow i dont see that happening...

[tireboy]

when you sell any type of vehicle in b.c. or any where in canada. if you write as is on the transfer paper and its signed . its a done deal . i did the same when i sold my silverado 2 years ago . the new owner didnt have a foot to stand on . the same law applies in alberta.