Legal Question in Civil Litigation in New Jersey

Sometime around March 14th 2011, I sold a 1997 Nissan Maxima for $755 that I owned and used for about 2 years. The bottom of the car was very rusty. The rust was VERY obvious. The lower panels that are below the doors are completely gone. The right side front fender opening is about 4� larger due to rust and the rear wheel opening is crumbling away.

. My ad said "It looks far worse in person and is miles away from being mint.� �the bad, it's rusty and has 190,000 miles on it., The good is it runs like a raped ape and gets great MPG. Bring your mechanic and cash. SOLD AS IS.

The reason I sold it 'as is' is because it had 190,000 miles on it and not because of the rust.

I got over 50 responses because these cars usually are priced over $2500 and have a good reputation. A woman called saying she wanted to buy the car. They insisted to come at night.

She arrived with 2 men. one mostly stayed inside the vehicle they came in. the other hung back and the girl discussed the car. I was alone.

She talked about getting the bodywork done, painting it and doing other stuff to fix it up.

I told her several times �If you want a nice car or a car to fix up, this isn�t it. Investing any money in this car is a waste of money. This was not a car to fix up. It�s a basic crappy transportation car to get you around for awhile until it dies. When it dies bury it Never spend a penny on it. It is not worth it. I never spent a penny on it except for gas and insurance. I never changed the oil and only put about 1 quart in in the 2 years I owned it�

I also told her I did not have the car for the last 4-5 months because I let my ex girlfriend and her boyfriend use it because her car was broken down

She took the car on a test drive around the block and said for about the 3rd time she�d take it. I said no go for a real drive. Go on the highway. She did so and we went about 6-8 miles down the highway and up some really bad side roads so she can see how it handles and takes bumps we when back to my house

She bought the car at full advertised price of $755. BUT said she wanted to put it in her BF�s name for insurance purposes. He signed a receipt stating he bought it �as is� for $755. I told him after he signed that he should take it to his mechanic the next day and that even though I sold it �as is� I�d give him 3 days to bring it back if anything was wrong. After 3 days the money will be gone

They did not try to bicker.

They Put $700 down, took the title and came back the next day for the car and paid the $55 balance. She was supposed to bring me a copy of the title in his name when they returned but 'forgot' she promised to send me a copy but never did. I called her several times but she never answered her phone. I did leave several messages asking her to send the copy so I could drop the insurance (they require proof of sale) she never answered her phone and never returned any of 4 messages I left. This all took place in march 2011. On April 11th he filed suit against me in �Special Civil Part� demanding $1500. He claims I misrepresented the rust and told him it was minor. I did not but he says the other 2 will verify that I did.

On May 3rd I got notice to be in court for trial on May 12th, but last week was busy because on that same day I got papers my mortgage is being foreclosed so that demanded all my attention.

I called him at 7pm to see what could be worked out and asked to see the car to verify the damage he alleges. He complained I woke him and he had to get to work. Obviously if he was sleeping he was not going to work anytime soon. Or I did him a favor by calling him and waking him up.

He said �why are you calling me? I�ll see you in court. And basically kept repeating that. I asked several times to see the car and he kept saying why what do you wanna see it for? It�s gone. Don�t worry about it,� I asked who bought it so I can go see it. Again repeating �it�s gone don�t worry about it� I said �I am worried you�re suing me and I want to see the car and damage�

He stated he was almost killed when the frame cracked and he�s bringing the broken part to court . There is no frame, it is unibody construction. And that he has a letter from his mechanic that it is not repairable. He refused to answer any questions and refused to say where the car was so I could examine it.

I asked again saying I want to see it and see the damages you say are there and see if we can settle this and he hung up on me.

I smelled a set up, so I did record the conversation which is legal in NJ . He NEVER contacted me about the alleged problem and he refused to tell me what he did with the car so I can go see it. I intend to object to anything he tries to admit as evidence because I asked to see it and he refused (on the tape recording)

What are my chances? Does selling it �AS IS� help me? Am I screwed because I have no witnesses and he has 2 people he said will say I lied about the condition of the car (I did not) and how should I approach this ?

I�ll be honest, if he did try to call me I would have looked at the car and if the damage was real, I�d have refunded the money and took the car back. I can get $500 for it as junk and even though I am broke. $255 is not worth the hassle, but now all I see is a scammer trying to rip me off

Thanks for any advice you may give me

John

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