Legal Question in Business Law in Illinois

We are the owners of a small car dealership in Illinois. We are being sued in small claims court by an unhappy customer. She claims her car "blew up" the day she bought it. This isn't the case at all. We are in posession of the car, and the motor is in fine condition. We have an "As Is" contract signed by the buyer. We have been in business for 15 years and have never been sued. We are going to court pro se'. What are our chances of winning?


Asked on 3/25/11, 5:06 am

3 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. Based on the facts you've recited, it appears you have a strong case. An "as is" contract is exactly that. In addition the car (which you should bring with you on the court date) is at odds with the Plaintiff's claim. Best of luck and consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/25/11, 6:10 am
Thomas Moens Moens Law Offices, Chartered

It is impossible to say. It will depend on the evidence the plaintiff has, and how that evidence is presented. If you have a written agreement that the sale was as-is, that will help of course, but it will depend on the exact terms contained in the agreement.

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Answered on 3/25/11, 10:10 am

Present your evidence and that is about all you can do. You may want to video the car and make sure that as part of the video you are able to identify the VIN as the same on your agreement with her.

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Answered on 3/27/11, 10:25 am


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