Legal Question in Civil Litigation in Maine

private sale of vehicle stated ''as is'' on bill of sale

Why I'm I going to small claims court when bill of sale said 'as is''Car was state of Maine inspected and passed 2 months before buyer agreed car in good condition. Buyer said they found items wrong 3 days after purchase. Asked if wanted to view all paperwork on repairs done to car before sale, said no. Brought mechanic twice with them to inspect car before purchase. Seen driving vehicle after purchase. Buyer wants all money back. 1995 Tracker, for 1800.00. What do I need to do? They said I knew what was wrong with car before sale. As far as I knew I had all repairs done in order to receive State inspection.Thank you


Asked on 12/10/07, 2:48 pm

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

Re: private sale of vehicle stated ''as is'' on bill of sale

The Attorney General's office, Consumer Division, mediates lots of these of disputes. If you have been served with a small claims court complaint, you will likely have to go to a hearing, unless the other side agrees to delay or withdraw the court case and do mediation at the AG's office. Assuming you have to go to court, be sure to bring all documentation that supports your position, and be prepared to explain your case to the court. You should also write down questions to ask the buyer, as you will be given an opportunity to cross examine them on the witness stand. When you take the witness stand just explain everything fully and offer your documents (make copies for the buyer and the court) to the court for review. If you have any other witnesses to your conversations with the buyer (to support your account of what was said) bring them with you to court and offer their testimony. The case will hopefully go well for you. Good luck. If you want to retain my services, I will need a retainer in advance of the hearing date, then we will meet to discuss the case, and I will go to court with you on one date. Thank you for your inquiry.

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Answered on 12/10/07, 4:52 pm


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