Legal Question in Consumer Law in New York
I sold a car in New York State (2001 Hyundai Sonata at 150,000 miles) as is. 2 days later, the person who bought the car says that she brought it to a mechanic and is demanding compensation for repairs. I told her that I can not do that because I had NO previous knowledge of any problems to the vehicle. She test drove it and asked minor questions like how old is it and how many miles etc... She is now sueingme for $1600 what she paid. She claims that I sold her a lemon. 1) Am I exempt from the lemon law because this was a private sale, 2) Can she win her case? Also, no written warrienties were given and I told her that there were problems with the car prior to her purchasing the vehicle. Please Help!
2 Answers from Attorneys
Casual sales are not subject to the lemon law.
Get the case out of small claims (it's a kangaroo court) by demanding a jury trial.
She might be able to win the case, especially in a you said/she said case. If the as is term is in the deal (bill of sale would be ideal but in the advert will work) then she has no case because there were no warranties (except you warranted you were the owner of the car and had full right to sell it).
Buyer beware. She is stuck with the car; should have had it inspected before paying for it; unless you want to be a stand up guy and give her something back as a consolation.
Related Questions & Answers
-
I sold an item on ebay, they buyerbthen asked me to shipped it to a different... Asked 3/16/12, 7:37 am in United States New York Consumer Law
-
Raffle for a free golf membership. Buyer signs stub, doesn't have the money so... Asked 2/08/12, 2:03 pm in United States New York Consumer Law
-
Can an online store deny me of a return and refund? Asked 1/05/12, 2:54 pm in United States New York Consumer Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
