Legal Question in Civil Litigation in California

Hello my name is Anthony, I sold a used car and the buyer says I misrepresented it. It was a 1935 Ford Cabriolet in need of restoration. I was tring to sell it on ebay and it did not sell and he saw it advertised for sell their. In my add I did state the car needed to be restored and it was for sale as is.

He did not sign any paper stating as is but inspected it for over a hour and brought a man with him at the time of purchase he said to be a vehicle inspector and they looked it over again and bought the car. He says the car was modified with other 1935 Ford parts. I do not think so I sold it to him the way I bought it 2 years ago. But maybe it has, it is 75 years old I am not an expert and I don't think he is eather. He wants money or for me to buy the car back can he sew and win. Thanks Anthony


Asked on 1/05/10, 11:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You've now learned why smart sellers obtain the buyer's signature on a proper bill of sale with good 'as is' language. To prove the terms of the deal. If you can't resolve this satisfactorily with him, you will get to defend any legal action he brings. If he sues in small claims court, you'll tell your story to the judge, and submit whatever evidence you have. If he sues in Superior Court, for over $7500, it could cost you far more in attorney fees now than doing it right the first time. You may win in court, since he has to prove his case. If you need to hire counsel for this, and it is in SoCal, feel free to contact me.

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Answered on 1/11/10, 12:19 pm


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