Legal Question in Consumer Law in New York

My neighbor sold her car for $1500.00 cash, ad said AS IS. When buyer came my neighbor told her that the car should be towed as the front suspension was weak and was need of repair. The buyer said her brother is a mechanic and she wanted to drive it home which was 45 minutes away. She did not want a bill of sale. 2 weeks later she called my neighbor and demanded $3,000 back! She said that there were other things that her mechanic found. Now she is suing her in small claims court. Does this woman have a case? Sounds strange that someone would sue you after they took possession of a car knowing that the car needed repairs. A lot of people are telling my friend that most cases the small claims judge will ask that the parties work out an agreement in the hall, my friend said there is no agreement to be made. No warranty was ever issued. This is a private sale even though there is no signed bill of sale. Plus the buyer forged my friends signature on the NYS sales tax form when she registered it.

What is the best way to handle this in court?


Asked on 9/28/10, 2:26 pm

1 Answer from Attorneys



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