Legal Question in Consumer Law in California
Auto sale
I recently sold a car that was in good mechanical condition. I sold it as is and wrote an as is statement that the buyer signed. Later that day the new owner called and said the car wouldn't run and the transmission went out. He wanted his mony back. Even though it was as is I told him that I would have someone look at it. The mechanic looked at the car and said the clutch blew up and went through the top of the transmission and that the probable cause was driver error. He said that the clutch had started to slip and instead of pulling it over that they tried to get home with it and that the slipping caused extreme heat which caused the clutch to explode. I contacted the buyer explained this to him and told him that I would help out even though it was his fault buy giving him $500 to the repair bill. he refused and became beligerant. I then withdrew my offer. He now has filed in small claims court for the entire repair of $1250.
My question is: Isn't private party car sale in CA always as is and the fact that he signed an as is agreement even more protection? Is there a consumer statue that covers this and can I counter sue for lost wages for going to court.
1 Answer from Attorneys
Re: Auto sale
I think you will win the case but bring your mechanic to court just in case.