Legal Question in Civil Litigation in Illinois

Re: Law Suit over the sale of a vehicle

He has the right to sue you, and if he does, will file in small claims court. Make sure you have copies of all documentation and statments the you provided to him. Also, if you regularly maintaned the vehicle, get copies of ll the work performed to show that the fluid change etc, was just standard maintenance. ou may want to obtian an affidavit from the mechanic who did the maintenance that he did not notice anything wrong with the transmission and that sometimes they can just go out at any time,

Re: Law Suit over the sale of a vehicle

From what you say, it appears that so long as you did not lie or misstated the condition of the Jeep and have documentation describing the sale to be an "as is" type of a sale, you should be in the clear.

However, that does not mean that he won't be able to file a suit against you--if he does, of couese you will have to go through the process of defending yourself--and that will cost you time and money.

You should take that into account when dealing with him.

I hope this helps,

Taradji Law Offices

Re: Law Suit over the sale of a vehicle

There is so little money at stake that he is almost certain not to sue you unless it is in small claims court. If he does that you will be able to defend yourself with or without a lawyer. You also will be free to propose a settlement then. You are always best off with a lawyer in a lawsuit, but sometimes the economics just don't justify the cost of the benefit.

Shell Bleiweiss

http://www.shell-bleiweiss.com

Re: Law Suit over the sale of a vehicle

Economically, it probably does not make sense that you would need to hire an attorney seeing that you will probably pay an attorney more than what the case is worth. If suit was filed against you for fraud, they buyer would need to prove The elements of common law fraud which are: A false statement or omission of material fact; Defendant's knowledge that the statement was false; Defendant's intent that the statement induce he plaintiff to act; Plaintiff's reliance on the statement; Damages to the plaintiff resulting from reliance on the statement. He has a high burden to meet if he chooses to file suit.

Re: Law Suit over the sale of a vehicle

Economically, it probably does not make sense that you would need to hire an attorney seeing that you will probably pay an attorney more than what the case is worth. If suit was filed against you for fraud, the buyer would need to prove the elements of common law fraud which are: A false statement or omission of material fact; Defendant's knowledge that the statement was false; Defendant's intent that the statement induce he plaintiff to act; Plaintiff's reliance on the statement; Damages to the plaintiff resulting from reliance on the statement. He has a high burden to meet if he chooses to file suit.