Legal Question in Consumer Law in Georgia
I sold my 1990 vehicle last week with 170000 mi on it. Someone purchased it after looking at it for 2 days in a row and having 2 men with her to check it out. The only thing wrong with it at that time was it needed a new starter, which I fully disclosed on more than one time. I warned her to put oil and gas in it as soon as she drove away since it had been sitting for a while. 3 hours after the purchase, she's emailing me that "MY" (her) car's engine is blown. She is emailing me almost daily now (harassment, since I've asked her nicely to stop),demanding her $700 back, and threatening to take me to court for it. I have kept every email for this transaction since her first inquiry into the car. If it does go that far, to court, what is the probable outlook?
2 Answers from Attorneys
It is easy for us to say she is stuck buying a car without a warranty (which is what we would tell her if she posted), but she could sue in small claims - anyone can sue for anything. She could try to say you lied about the condition, or hid defects. That is why you always handle things in writing, and have a contract that clearly states it is sold "as is." You don't mention any written contracts. You might consider sending one last email, politely pointing out that she had full opportunity to inspect, that you offered no warranty, it was sold as is, and you consider that the end of the transaction. Be polite, but after that email, stop responding. You won't get anywhere going back and forth. It is a $700 car - hard to imagine it does not have a long list of issues.
You don't sell cars with emails. You do that with a proper written contract (using a lawyer). That would protect you far better.
As a general rule, if you can show she bought the car as is, you "win" but you'll spend money on a lawyer to defend you, and she could allege fraud.
I disagree with Scott on his suggestion. Do NOT respond by email. Send one letter, by real mail, certified, which says nothing nore than:
"You bought the vehicle as is, without a warranty, and you had multiple opportunities to inspect the vehicle. What happens to it after the sale is thus your responsibility, so I regret I cannot assist you further. Please cease the continuing emails."
If she does sue you, get a lawyer.
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