Legal Question in Business Law in New York

Re: selling a car, buyer not satisfied

Yes he can sue you. But there are a few factors that come into play.

1- The terms of the as-is agreement

2- The time that elapsed between the receipt of the car and notice that the description was not in compliance with the vehicle.

3- Was the discrepancy material to the vehicle and its description.

4- The value of the vehicle.

5- The costs associated with transporting and moving the car.

Overall, an as-is agreement to purchase a vehicle is just that, but someone that did not have the ability to examine goods before shipment has a reasonable period of time to reject non-conforming goods. Which is how I see the argument developing.

Do you know if he has possession of the car? If not, where is it?

Do you know if he is using the car?

Do you know if he is protecting the care from the elements and general damage?

If he decides to sue for the rust, he may be entitled to a reduction in value of the vehicle due to the rust, but it is highly unlikely that he will be able to keep the car and get a refund of his money.

If this progresses, retain counsel.