Legal Question in Civil Litigation in Virginia

private owner selling a car to another individual

We sold a car to an individual. Twelve days later the individual complains she has a problem with the car that we do not own anymore. She is from NY. Her dad (who lives in Petersburg) has filed a civil suit against us in Virginia (he did not purchase the car, she did). Do we need an attorney to represent us or is the car her responsiblity and that is all we need to say to the judge?


Asked on 8/21/06, 2:16 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: private owner selling a car to another individual

Private sales of automobiles between individuals

are normally "AS IS" sales without warranties of any kind. As long as you did not commit some form of fraud or make misrepresentations of any material facts to the buyer, you should prevail in any suit even if it's brought by the buyer-daughter herself within the permitted time period.

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Answered on 8/21/06, 8:24 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: private owner selling a car to another individual

I am going to assume 1) you are being sued in General District Court; 2) Dad is the plaintiff; and 3) you have a bill of sale in the name of his daughter. You could file a motion (or have an attorney file a motion) to dismiss the case for "lack of standing" (google for this). Or, you could be sneaky about it, and show up at the first court date and request a "bill of particulars" and a trial date -without- mentioning the "standing" issue, and later file an "answer and grounds of defense" that raises the issue, "Plaintiff lacks standing to sue." Then at the trial you introduce the bill of sale as evidence and ask the judge to dismiss the case. Dad is trying to represent his daughter which is, in effect, attempting to practice law without a license. Go to lsnv.org (Legal Services of Northern Virginia) which has oodles of good information and forms. Or you could consult a lawyer in your area in person, which is always the preferred option.

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Answered on 8/21/06, 3:01 pm


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