Legal Question in Consumer Law in New York

Private Party Auto Sale Gone Bad

Hello,

I recently sold a classic car to a guy. It was an automatic transmission car but he wanted it converted to a manual. we agreed on a price including the installation of the manual transmission. The car ran fine after the work but died one block away from the guys house. We pushed it to his house signed the title and he payed me almost in full. He kept $500.00 to fix it. On my own time i went to his house the next two days to try and fix it, then collect my $500.00, but couldn't get it started. He still has the $500.00. He took it to a mechanic who claims the whole motor is bad and needs replacing. Now the guy wants me to give him some money back. I didn't think to write ''AS IS'' on the bill of sale. I feel bad for him but does he have a legitimate claim? What is the law in this situation? Thank you so much.


Asked on 2/14/03, 8:06 pm

1 Answer from Attorneys
Rod Kovel Rod Kovel, Attorney at Law

Re: Private Party Auto Sale Gone Bad

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Each side has a point, and this is probably a case that goes to trial if you don't settle. The fact that he paid you when he knew the car was already broken is a stong point in your favor. The fact that he looked at it first is also in your favor. But what you said to him (or what he says you said) and the fact you helped him work on it may be in his favor. It is a close case -- even on your version.

Good luck.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/15/03, 12:10 pm


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