Legal Question in Civil Litigation in Georgia
I bought a car from a private owner Sept 21. he is suing me for a ticket dated Sept. 17. I told him i was not going to pay it, it not mine, i bought it after the date. He said he was going to say i stole it and that explains why the title is after the date of the ticket. I want to counter-sue him. Can I? and if so, what can i sue him for and how much money can i sue him for. Because its Nov. 1 ive had the car a little over a month and he assured me that the car would pass the emissions test, that the a/c worked, and the same night i bought it and was driving home it quit on me, the alternator gave out, so had to fix that, then spent $150 on the a/c to find out that it has no fixing, and failed emissions so had to fix things and it still failed so had to fix other things and retake emissions, $20 per emission. And now oct. 29 i went to a birthday party and on the way back late at night it just turned off on the highway, next day i had to get a tow truck to tow it the the shop, they said its the timing belt. All this in 1 month. And the thing is i dont even know the actual owner of the vehicle, he had some machanic sell it to me, so i am angry that i have had to put somuch into this car in so little time, and he has the nerve to sue me for a ticket that happen a couple of days before i bought it.
3 Answers from Attorneys
Your story left out the only detail that matters - did your contract to purchase the car come with a warranty? Since you do not say, the answer is probably no and you took the risk of buying a piece of junk. Did you bother to have the car inspected by a mechanic before purchasing? If not, another bad decision.
Did you sign a purchase and sale agreement or any other type of contract when you bought the car? If so, what does the contract say about the alternator, the car's ability to pass emissions, etc? If those things were warrantied by the prior owner in some way, you might have a case. If you purchased the car "AS-IS" or "WITH ALL FAULTS", you cannot sue the prior owner for mechanical problems with the car -- you could have had the car checked out by your own mechanic before your purchased! Buyer beware.
With regard to the ticket, the prior owner will have the burden of proof that you stole his car on the date in question and are therefore responsible for paying his ticket/damages. If he sues you, hire an attorney to represent you.
Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*********
Did you or did you not buy the car with a warranty?
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