Legal Question in Civil Litigation in California

Shopping for a used car.

My husband and I were shopping for a used car. We found an 89 Mustang convertable in the paper. My husband went to see the car and test drove it. He told the seller that he may be interested in the car, but would like for the seller to get the car smogged, which is the responsibility of the seller. The seller agreed to have the car smogged. A few days later my husband took me to see the car. The seller told us that the car didn't pass the smog test and that he was going to take the car somewhere else to get smogged. The seller told my husband to take me for a test drive. We did. After the test drive, my husband and I were very concerned that the car failed smog and were also thinking that a convertable was not a practical or safe car for a family. A few days later the seller called to tell us it passed the second smog test and if we were still interested to call him. When my husband called to tell him that we were not interested he threatened to take us to small claims court to sue us for the cost of gas and the smog test. Does this guy have a case? There was no written contracts and no money exchanged.


Asked on 7/27/00, 1:31 am

3 Answers from Attorneys
Benjamin Pavone Benjamin Pavone, Esq.

Re: Shopping for a used car.

While it is the case that anyone can sue anyone by inventing facts, manufacturing allegations or twisting conversations, the facts as related indicate there is absolutely no merit to such a claim.

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Answered on 9/12/00, 4:48 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Shopping for a used car.

I agree with Mr. Pavone. Based on what you have said, there is no merit to the seller's case.

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Answered on 9/12/00, 5:30 pm
John Hayes The John Hayes Law Offices

Re: Shopping for a used car.

Even though he has absolutely no basis for a lawsuit he still may file one. If you are served with a Summons and lawsuit you need to answer immediately. Even though he doesn't have a case your failure to file a proper and legal answer will allow him to automatically win. I hope this doesn't happen but I want you to be prepared if it does.

John Hayes, Esq.

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Answered on 9/12/00, 5:35 pm


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