Legal Question in Business Law in California
sold a car to a new car dealer and he is trying to sue me under a contract
i bought a used car with 1600 miles from a private dealer then i drove it for about 1 and half years and then i decided to lease a new car. i traded in my ond car and the new car dealer took my old car in as a trade in. The new car dealership inspected the car and told me that the car has been in an accident and i told him i knew of the problem and i was told when i bought the car that the feder has been painted but that is it. Then they took the car and during the paper work they made be sign something that said "I HAVE NO KNOWLEDGE OF THE CAR HAVING ANY FRAME DAMAGE" for the trade in. The dealership had the car for about a 2 weeks and he didn't pay me for the car balance then after they sent me the check a week later the dealership called me and said the car has frame damage and that i owe them money because they could not sell the car for the value expected. I told the dealership that i DID NOT know of such frame damage and that they inspected the car before the took it from me. Well they are taking me to court now.. DO THEY HAVE A CASE?? what should i do.
3 Answers from Attorneys
Re: sold a car to a new car dealer and he is trying to sue me under a contract
You may be able to argue that since you disclosed that the car was in an accident, and the fact that they inspected the vehicle before the purchase, than they accepted the risk. If they do sue you, you need to file a proper answer with the court within 30 days of being served. This answer needs to be in proper legal form. You cannot just call the court and explain what happened. If you do not file a proper answer with the court and serve it on the person suing you withing 30 days, they can file a default against you and they automatically win. If you would like help preparing and serving an answer please let me know. I can help you file it in pro per, which means you will be acting as your own attorney. I can help you prepare a defense as well as the answer. Please feel free to contact my office at 877-546-9918. The call and consultation is free. I look forward to hearing from you.
Sincerely,
John Hayes, Esq.
Re: sold a car to a new car dealer and he is trying to sue me under a contract
If you are located in Southern California I can help. First off if you are being sued as the previous attorney stated you must reply in proper legal form. Secondly, it sounds like you have a case or cross-complaint for breach of contract. I assume the dealership is suing you for fraud which if you lose, could make you liable for punitive damages. Call my office at 818-342-8020 ext. 1 for a free consultation.
Re: sold a car to a new car dealer and he is trying to sue me under a contract
You will need to file a proper answer within 30 days
of service of the complaint upon you. It sounds like
the dealer is claiming that you warranted more than
you say you did. For him to prevail upon the facts
stated he would have to show that you said affirmatively
that there was no damage other than the fender damage,
not just that you had been told this is so. On the other
hand, if your statement is shaky on cross-examination,
there is some risk that the dealer may win. It is important
that you contact counsel and thoroughly explain
the whole story, and make sure that a timely answer
is filed. Based upon your statement, if it is accepted
as true by the court (or a jury if a jury trial) you
would be entitled to the remainder of your payment.
On the other hand, lawyers are not free. If the cost
of hiring a lawyer is very much money, you may
want to bite the bullet and settle with the dealer
and chalk it up to a bad experience. Unless we are
talking about a valuable car, I suspect that this
is the most economical way to go. The choice whether
to fight is yours.
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