Can I really be sued???
I sold my ’94 car 1 month ago and am being sued by someone other than the person that viewed/purchased it. Upon purchase they did not test drive it and only looked under the hood after my suggestion. The car was not smogged but I did disclose this information on the date that it was sold. Her uncle has gone through the maintenance records that I turned over and says there are also problems w/the brakes. I did take it in for a check up in Aug. 99 but was told by the service techs that this was something that did not need immediate repair. Unfortunately, I forgot have them sign the bill of sale on the date the transaction took place so I mailed it a few days later and therefore do not have her signature on it. Neither of these people, ever called and asked for their money back they only accused me of lying about the condition of the car. What are my chances that this will get thrown out of court??
Re: Can I really be sued???
You can only be sued by someone with whom you had a relationship, i.e., the buyer, otherwise the plaintiff does not have a cause of action against you.
You may have to pay for the car getting smogged, since that is the responsibility of the seller.
You don’t need the buyer’s signature on the bill of sale. The bill of sale is for the buyer’s protection.
You have an obligation to disclose material defects about which you have knowledge. They have to prove that you knew that there was a major defect and that you intentionally kept that fact from them. You don’t have to disclose every minor defect. A major defect is one which would make a prudent buyer reconsider her decision to purchase the car.
From your facts it appears that you have a good defense to the suit. HOWEVER judges cannot be predicted, so prepare your case carefully. Consider a settlement.
Alvin Lundgren
Alvin R. Lundgren, L.C.
5015 W. Old Hwy 30 Ste 200
Mt. Green, UT 84050-9752