i sold my car and the person wants to return it for a refund?
I sold my 1994 mustang to a lady, and I explained to the best of my knowledge all the flaws of the vehicle. I was selling the car for $2000.00, but sold it for $1800.00. She gave me $1600.00, and signed a promise to pay within 2 weeks. She also signed a bill of sale stating she understands the flaws of the car and understands the car is being sold AS-IS. 3 days later, she phones me and threatens to take me to small claims court if I don’t return her money and take my car back. I told her legally I don’t have to and the next day I get a small claims filed against me stating that I owe her $1600.00 that was due on the date prior and that it was for merchandise. I filed a counter-claim for the amount that she still owes me, but i’m having problems getting her served. My question is, does she have a leg to stand on in court? Because last time I checked, if a private party sells their car AS-IS and that other party signs a paper agreeing, that car is no longer the sellers problem. Is this correct? What should I do to be better prepared? And should I hire an attorney?
Re: i sold my car and the person wants to return it for a refund?
Assuming that your contract to sell the car is properly written to notify the buyer that the car is sold, as-is, where-is, then you are correct, that you do not have to refund the money and take the car back, and she owes you $200.
In your case, you also indicate that she signed a document acknowledging that you disclosed to her the problems with the car. If those are the same reasons that she seeks to return it, then she has no leg to stand on.
As for her claim that you owe her $1,600 for merchandise that she claims to have sold you, the burden of proof rests with her. She will have to prove that she sold you whatever merchandise that she claims you owe her money for. When you show up at small claims, I think a judge or commissioner will be interested to see that coincidentally, that the same price which she paid to buy your car.
At that moment, her credibility will sink to about zero.
Although I do not do small claims, I know in King County, you can have these served by either personal service or by mail if sent by Certified Return Receipt. (Normally, you need a court order to be allowed to serve someone original process by mail.)
In any case, check with your local court to see what they say.
As for your last attorney, you will not be allowed to have an attorney appear for or with you in small claims, but it would be wise to have an attorney consult with you to make sure that you present a solid case to the court. Perhaps 1-2 hours is all you will need to be ready.
Good luck!
Amir John Showrai
The Pacific Law Firm, PLLC
1501 Fourth Avenue, Suite 2150
Seattle, WA 98101+3225