Legal Question in Civil Litigation in Georgia
Sale of Vehicle and Subsequent Civil Complaint
We recently sold a 12 year old SUV privately and my husband was served today with civil complaint. The buyers are stating that the vehicle stopped working shortly after they purchased it and they want the $2000 they paid back, plus $70 for towing. They paid cash and did not ask to have the vehicle checked out by a mechanic before purchasing. Unfortunately, my husband did not have them sign a bill of sale so we have no paperwork, but the buyers signed the title when they paid. They did contact us 4 days after the transaction and asked my husband to buy the vehicle back and he declined. It was in good working condition when we sold it, although it had an oil leak that we disclosed prior to the sale. We have never experienced anything like this before and we are not sure what we should be doing. According to our research online, a private sale is final. Is this correct? Do they have a case? Should we hire an attorney or handle it ourselves in court? Please help! Thank you so much for your time.
2 Answers from Attorneys
Re: Sale of Vehicle and Subsequent Civil Complaint
In not doing proper paperwork and asking a lawyer before you sold the car, you created a problem. There is no way without more facts to even guess at an outcome, although I would suspect the buyers have an uphill battle absent a written warranty. Whetehr you need a lawyer really depends on much the suit is for.
Re: Sale of Vehicle and Subsequent Civil Complaint
I think that you are probably right, that the sale was final. However, to be sure, consult with a local attorney who can review all the surrounding facts and circumstances. If I can be of help, please give me a call.
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