Legal Question in Consumer Law in Michigan

im getting sued for a car i sold?

I sold a 1996 Subaru in the state of Michigan with 170,000 miles on it. 24 hours later, the car blew a head gasket (im assuming) and the car broke down. I put on the receipt (which we both have a copy of) that the car is sold as is, with no warentee of any sort. i am 18 years old, and i am not a mechanic, but i did maintance repairs on the vehicle 3 months prior to selling it. i neither said im a mechanic nor did i put it in writing, but hes claiming i represented myself as a mechanic, and thats where his case is based. with his word (he said i said i was a mechanic therefore i should fix the car) against mine (mine being the car is as is with no warentee and i never said i was a mechanic) does he have a case? any help would be appreciated.. ive never been to court for anything and dont really know what to think here.

thanks


Asked on 10/06/08, 12:27 pm

2 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: im getting sued for a car i sold?

are you in court yet or is he just threatening? You have a very good defense case here. I can assist you. Visit me at www.kliszlaw.com to discuss. Tim Klisz

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Answered on 10/06/08, 12:33 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: im getting sued for a car i sold?

I would not be inclined to think he has a case. If the only evidence he has is that he claims you are a mechanic, I don't see how his claim is going to hold any water. In order to win, he has to prove his allegations. If you are not a mechanic, and he cannot prove that you are, then that claim will not work. Judges aren't going to be inclined to otherwise grant him relief because it is not reasonable to expect a warranty for a car that old with that many miles.

Just remember, if you are sued, do not ignore the summons. You need to appear in court and contest it, or a default judgment could be entered against you.

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Answered on 10/06/08, 12:42 pm


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