Sold Car, New owner claims frame damage, says he will sue. (insurance, vehicle)
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Any lawyers here? I want to know what I may be getting into before I get into it.
So, I sold my 06 CLS 55 AMG a few months ago and I though the guy I was selling it to was an alright guy. I get a letter in the mail from an attorney claiming that his client is going to sue me because the car I sold him was misrepresented. All the info seemed legit, so I called the lawyer, and he said he was going to record the convo. I said, I won't say another word until I find out if that is legal or not, because I believe it is not.
So I can't find info about whether or not he can do that legally. Or, if it would hold water in court if something I said could be misconstrued.
The new owner claims that 'upon inspection' the car was noted to have a 'damaged subframe' which sounds like BS to me. The CARFAX is clean and so is the title. I bought the car for MB star marked CPO'd the whole 9 yards in 2010. I am learning it is possible the car was wrecked and it was never reported to insurance. MB CPO dosen't give a crap about things like that at a less reputable dealer.
Anyone ever had this happen? Even if the car had damage, I didn't know about it. I assumed CPO checked for that and that an accident would have been reported. When the guy bought from me, I showed him the carfax and autocheck and all of the MB CPO documentation. I divulged it had a minor scrape on the rear fender from a very ,very minor parking lot collision that was not on the car fax even tough it was reported to police (although, I had it fixed with out the ins company because my deductible was way more than the damage).
So let's say it is damaged. Can he come after me? Is this just an attempt to extort money? I have no knowledge of frame damage, and it's been 4 months since he bought it. I know the guy has deep pockets so this might be one of those 'tie em up in court to get back at them' things something frivolous along the lines of patent trolls.
I think it's stupid I have to pay a lawyer just to answer this. It feels criminal that I have to pay someone I don't particularly like to defend myself over nothing. Also, how can I confirm the 'frame damage' independently. I already know it sounds shady.
I think this pr*&k just wants a new toy or has buyers remorse now that the 218's are affordable and wants me to pay for it. I still don't see how I can be liable in any way. There was no warranty implied, the car was as-is. However, this is the USA and common sense doesn't matter when you have deep pockets.
Seller beware, have a contract that stipulates at time of sale that things like discovery of an unknown accident not reported to agency/ins/police/dmv are not your problem.
Maybe, I should just have my lawyer write a nice letter back. Maybe he thinks I'm just going to roll over. Problem is I just don't see much about this other than hearsay.
I don't know where you live, but it is legal to record a phone call in most states as long as one of the parties to the call is aware that it is being recorded. But I still wouldn't do it. You have absolutely nothing to gain. He's just fishing, hoping you'll say something he can twist to support his BS "case." I'd tell the lawyer to stick it up his exhaust pipe.
As for the legal questions regarding the merits of the suit, we can't give you a reliable answer unless we know what state you sold the car in, because the laws regarding that sort of thing vary from state to state. Also, could you elaborate on this -
Quote:
I bought the car for MB star marked CPO'd the whole 9 yards in 2010. I am
learning it is possible the car was wrecked and it was never reported to
insurance. MB CPO dosen't give a crap about things like that at a less
reputable dealer.
I just saw a case like this on peoples court, yeah, I know, TV, but any advice you get on the web is subject to research -- but, that judge said all private, non-dealer used car sales are implied "as is" unless you specifically gave a warranty. I think the guy knows he has no case but thinks a lawyer will give him some leverage in trying to get something back. If it were me, maybe(??) Id write the lawyer and owner a registered letter explaining the car was sold "as is" and thats the way it is. Ignore any other communications unless you get served with a summons, which prolly wont happen.
yeah, look up your states laws, but a used car sale is "as is" in my opinion. If the person was dumb enough to buy it without having a mechanic go over the car and look for stuff like frame damage, then that's his fault.
Make sure this is the case in your state, and then send a letter to the lawyer laying it out and see what happens.
I have my doubts you have much to worry about. However, get yourself some strong legal advice anyway.
Generally, a private party used car sale is "as is." If the buyer had ample time to look at, and inspect the vehicle prior to purchasing, he would generally not have much recourse.
Also, if he is accusing you of hiding information about an accident, and you had no accident with the car during your ownership (nor did you have any information the car was in an accident prior to your purchase), then it would be an awfully difficult burden of proof on his end to show you 1) knew of severe damage to the subframe, and 2) purposely witheld that information.
Different states have different laws, so you might want to look into your states particular laws regarding private vehicle sales.
But for the most part, private sales are usually "as-is".
Who's to say he didn't run over a curb one drunken night and figure this is a sneaky way to get some money back or get rid of the car? I know plenty of people who would do such a thing.
Carfax is useless, as if a previous owner wrecked the car and repaired it on their own dime, carfax would never know.
I'd suggest speaking with a lawyer in your state who knows about these sort of laws. $300 or so to cover your ass might be worth it here.
you did your due diligence in buying a CPO vehicle from a dealer where you'd expect a warranty on the car.
you didn't have an accident with the car in the time of your ownership and you had no knowledge of a major defect in the car. You had no reason to believe or knowledge that the car had major damage at any time.
your buyer bought the car on a private party sale without performing any due diligence to inspect or have the car inspected by others prior to the purchase. A Carfax report is not a guarantee of no damage to a vehicle.
As a private party, you didn't offer a warranty on the car.
You cannot be held to the level of a professional "should have known of the defect" and disclosure that a dealership may be held to in some states.
I'd wait and see if they actually file a suit. I wouldn't spend any money on legal counsel unless you served with their court filed claims. Unless they can prove that the car was severely damaged and can prove that you knew it and sold it with intent to defraud a buyer, they don't have a case, especially if the buyer of expensive merchandise didn't perform his available due diligence prior to the purchase.
Did you give a bill of sale stating as is sale no warranty? Doesn't matter much. Months down the road and he wants you to cover the damage? Who is to say he didn't do the damage. Car was out of your possession and besides it belonged to him. If you are so inclined have your lawyer write this yahoos lawyer to stop bothering you. IMO wait and see if he feels that strongly he is right tell him to take you to court. He has to prove you knowingly sold him a vehicle with undisclosed damage. He should of had the vehicle checked at time of purchase. Guys a typical moronic a hole. He probably thinks a letter from a lawyer will get you to bend over
It sounds like the person is trying some scam to get money back, hoping you will "settle" to avoid court. I would not worry unless the car had damage and you knowingly hid the fact and mislead the person to paying the price an undamaged car would sell for. In most cases, if a person buys a used car from a private party, it is on them to check it out, they are usually buying it as is, doesn't matter if a Mercedes or a Yugo.
Carfax is a joke, why would people enthusiastically run to them to report every problem anyway? Dealers like to imply that a clear Carfax means the car led a pristine life.
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