View Full Version : Legal help!! I need advice/ clarity
RedManE36
07-04-2011, 02:35 PM
So i sold my jetta to this kid (same age as me) and now its having problems with him that never happened when i had it. He thinks that im lying to him and knew about these problems when i really didnt. He is now saying that if i dont help pay for the cost of repair for the car that he is going to enforce the "Lemon Law" on me and make me pay for everything. Do you think that he can do this or is it just a bluff. Im from washington state and im not a dealer. HELP!
jmo69
07-04-2011, 02:42 PM
If you sold it ""as is" the problems are his, and I think lemon laws refer to new cars and it has to have the same problem repaired three times to qualify. I'm not a lawyer so try googling it. I still don't think it refers to used cars.
heifetz17
07-04-2011, 03:48 PM
It does not refer to used cars. I work for a dealer so I know all about it. The lemon law is only between a manufacturer and a customer. This kid is just blowing smoke at you trying to scare you into paying. He has no legal recourse.
dcwright
07-04-2011, 04:35 PM
The only recourse he has is if he asked you if the car had any issues or problems, you knew the car had issues/problems, and you told him it didn't. Outside that it's an "as is, where is" sale and the buyer assumes all liability for any issues post sale.
RedManE36
07-04-2011, 05:19 PM
It does not refer to used cars. I work for a dealer so I know all about it. The lemon law is only between a manufacturer and a customer. This kid is just blowing smoke at you trying to scare you into paying. He has no legal recourse.
Ok thats a relief, i really didnt want to deal with any legal stuff, thanks for your time and help!
The only recourse he has is if he asked you if the car had any issues or problems, you knew the car had issues/problems, and you told him it didn't. Outside that it's an "as is, where is" sale and the buyer assumes all liability for any issues post sale.
I didnt know about the problems its having now, i only knew of 1 and i told him about it, he was fine with it. All the problems hes having now i had no idea about.
Wahrheit
07-04-2011, 05:35 PM
I think that when you are buying a used car from a private seller, the only thing you can do is check the condition of the car before buying it, after that, it is the buyers responsibility to handle any possible problem. For what I've known, only dealers have the obligation to cover warranty, unless it is ''sold as is''. But, you can check for legal advice froma professional, just to be sure.
strad
07-04-2011, 06:13 PM
when I sell a car, I generally have the buyer sign a piece of paper that states that the buyer understands that the car is sold as is, with no warranty, and that the buyer takes responsibility and is liable for everything that may happen, associated with the vehicle, from that day forward. I keep a copy of that piece of paper for use should the need arise.
It's gonna be impossible for your buyer to prove that you knew, or didn't know, what may or may not have been wrong with that vehicle before you sold it. Proving that will cost him more in legal fees than the car is worth. In the end, he's going to chalk this one up as a learning experience if he has any sense, and he's going to have a knowledgeable, professional mechanic do a ppi on the next used vehicle he's thinking about purchasing.
Timothy Prewitt
07-04-2011, 06:46 PM
In Cali the only thing the buyer is responsible for is smogging the vehicle before sale. If you don't smog it before you can be taken to court. Not sure how WA works but that is how it is down here. As for making you pay for fixes, they can't do anything so long as it is not smog related (CALi laws) especially if you had them sign the bill of sale stating the car is being sold "AS IS".
IgotBMW
07-04-2011, 08:06 PM
Actually, in Cali, the seller is responsible for smog prior to sell. But not everyone follows the rules.
That kid has nothing on you. Don't worry about it. It'll cost him morw to go to court than actually fix all the problems.
As a precaution however always answer his emails or ways of contact as to not appear you are avoiding him.
slocar
07-04-2011, 08:33 PM
Used cars are "as is". Politely tell him to f**k off.
ryanmkincaid
07-04-2011, 08:39 PM
I'm in NYC and the lemon law also applies to certified pre-owned/leased cars as well. It's only good for the first 18,000 miles of ownership. After that, it's the buyer's problem. First thing I'd do is see if the lemon law applies to WA and the internet should answer that one pretty easy.
slocar
07-04-2011, 08:48 PM
^ His car wasn't CPO or leased ... he's an individual, not a dealer: the lemon law does not apply. As a buyer you assume some risk when buying from a private party, if you don't want to do that, you buy a CPO or new car ... the case he is being threatened will not stand in court no matter the state.
Timothy Prewitt
07-04-2011, 09:45 PM
[QUOTE=IgotBMW;22285306]Actually, in Cali, the seller is responsible for smog prior to sell. But not everyone follows the rules.
Yeah sorry thats what I meant.. Ooops
JamesNW
07-04-2011, 11:16 PM
If you had a sales contract that stated the car is sold "as is and no guarantee"; he cannot claim anything from you from a legal stand point. Without a contract stated that the seller guarantee the condition, it is no binding for any claim. The WA lemon law did not semm to apply to personal transaction. Good luck
http://www.atg.wa.gov/lemonlaw/default.aspx (http://www.atg.wa.gov/lemonlaw/default.aspx)
baseball
07-05-2011, 04:21 PM
He bought a Jetta and he is surprised it had problems?
ChuckDizzle
07-05-2011, 04:37 PM
So i sold my jetta to this kid (same age as me) and now its having problems with him that never happened when i had it. He thinks that im lying to him and knew about these problems when i really didnt. He is now saying that if i dont help pay for the cost of repair for the car that he is going to enforce the "Lemon Law" on me and make me pay for everything. Do you think that he can do this or is it just a bluff. Im from washington state and im not a dealer. HELP!
Haha, no...he can't lemon law your car.
Second, if this was a Craigslist transaction then he really has no basis. As long as a bill of sale was signed its basically assumes "as-is" I doubt you offer a warranty.
You sold a car to a kid who wasn't able to afford it.
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