Overhaulin'

Private Car Sale Help Needed?

My question involves a consumer law issue in the State of: PA Hello! I am having an issue with a car i privately sold. I am younger(23) and this is the first car i have ever had in my name and sold by myself. So please excuse my inexperience I sold my 94 Honda Civic with 126,xxx miles on 9/26/08 for $1900. I listed it on craigslist and sold it privately. Before the buyer came to see the car he wanted to "trade me cars for a day" so he can drive is all the way back to Ohio to get his mechanic to inspect it, I did not allow this because i would not be comfortable doing this with a total stranger. The buyer then came to my house with his friend to test drive the car. We discussed the two issues i knew was wrong with the car(tailpipe and front brakes) and he had no problem with them. After the test drive he was extremely please and purchased the car. During this time, I had him sign a bill of sale that i printed off the internet which clearly states "sold as is". He also got a copy. I was contacted on 10/7/08 (almost two weeks later) with an email saying that if i dont buy the car back and also pay for the repairs he had done then I will be hearing from his lawyer. I very professionally explained to him that I have my Bill of Sale and that I can not help him because I have no idea how he treated/used the car during these past two weeks. Nothing was said after this. Well today i received my court date. He claims I fraudulently misrepresented the condition of the vehicle and under the PA Unfair Trade Practices and Consumer Protection Law I now owe him $3200 dollars for the vehicle and all the repairs. These repairs include transmission(did not give details at what parts of the tranny were wrong),leaking gas tank, distributor, and speedometer head. None of these were wrong when I owned the car. I drove this car daily until the day i sold it. So now he claims that since the speedometer is broken that I scammed him because he will never know the actual mileage. This is my craigslist listing. 1994 Honda Civic LX 5 Speed Manuel 126,xxx miles Clean title. Blue Exterior/Grey Interior with minor wear and tear on both. The 1.5 engine runs very well and the transmission shifts flawlessly. Comes with ice cold A/C, cassette player, cruise control, power windows/mirrors/locks. Everything works as it should. I also had a hitch attached that is included. Brand new starter, rear brakes, alternator and belts within the past year. Tires still have good life left in them. Inspected into next year. Amazing on gas(I have hit 350mi on a tank). It has been my daily driver and extremely dependable. NEVER MODDED in any way. There is a pinhole sized exhaust leak near the muffler and the front brakes will eventually need done but still have some life. Email me if you would like more pictures. Now I believe I am %99 safe in this case due to my bill of sale and the "as-is". There is no way he can prove that I fraudulently sold him this vehicle because I myself did not have these problems. I post here to see if there is any loopholes you guys could think of. Would you guys get a lawyer in my situation? Can I counter-sue for loss of work(I have to miss a day for court) and/or a false claim? Let me know if you need anymore info or have questions for me! Thank you for reading! Thank you for the advice! This makes me feel alot better about the situation! Going to court for your first time is stressful especially if its your first time :)

Public Comments

1. your ok there is nothing he can do to get you in trouble he knew what he was getting i know this from exp
2. He's blowing smoke up you a$$. Go to court, defend yourself and win this case. If he signed the Bill of Sale accepting the vehicle "AS IS" he has no case. All he has is a lawyer and an attitude.
3. You should be fine, bring all the paper work you have on the car with you to court and the title and you will be fine. Suing for a loss of work will probably cost you more than you will get. If he starts publishing this false info about you any where you could possibly sue for false claims and slander for ruining your good name
4. You are not 99% safe. You are 100% safe. He bought is as is where is. that's the law. He can't do anything.
5. It sounds to me like you did everything right. Tell him to go pound sand. He can take you to court, but that doesn't mean he will win. I think the law is on your side here.