Legal Question in Consumer Law in Ohio

I sold a vehicle in Ohio last Sunday. The buyer paid for the vehicle at the time of purchase and signed a bill of sale. I offered to have a mobile notary come stamp the title. The buyer declined, stating they would have the title stamped later.

The buyer is now threatening to sue me if I don't either return the money and take back the vehicle or pay for half of the necessary repairs. I was up front about the issues that the vehicle had and specifically told the buyer that the vehicle was not running smoothly before the buyer took it for a test drive. The buyer test drove the vehicle before making the decision to purchase and decided that the issues with the vehicle were acceptable.

If the buyer does pursue legal action, will they have a strong case against me. Also, if their case is weak and I file a counter suit to recoup my legal fees, would I have a strong case?


Asked on 5/30/15, 7:10 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, if you are not in the business of regularly selling cars, then the Consumer Sales Practices Act is not going to apply to you. This is good for you since it imposes a great deal of disclosure and other requirements that often do not get met. If this was a private sale, the buyer would have to show that you lied about the car in a material way to deceive him about the sale. If you are sued, the buyer will have a pretty high hill to climb with regard to proving his case. But you will need to file an answer and actively contest the case.

If you are in need of an attorney to help you out with this, you can call me at 614.580.4316 or you can email me at [email protected]. I don't charge for initial consultations to see if I can help.

Read more
Answered on 5/31/15, 6:06 am


Related Questions & Answers

More Consumer Law questions and answers in Ohio