Overhaulin' - Getting sued Over a Arizona private party car sale AND laws on my side?

Getting sued Over a Arizona private party car sale AND laws on my side?

Arizona Lemon Law Private Party Question? Ok I sold a 93 honda civic and it ran great I got it in a trade. I sold it to these girls who each drove it around I explained that I thought it had an exhaust leak but that I had not training to know for sure. She bought it for 2000 on Feb 25 it is now March 7 and just now shes telling me that the motor blown or somethings really wrong Im not sure. Today I got home and there was a note in the door saying that that they want there money back or they would be going to the police or a layer. Im just wondering ive done some research about it and know that the lemon law only covers from dealerships and I honestly sold them a good car. I also wrote a bill of sale stating that i was selling the car and she was the buyer. Im just wondering to cover my base that this case really wont stand up in court. Any advice would help thanks guys. 2 days ago - 6 days left to answer. Additional Details so today i got a summon to be at court. I have 20 days to appeal this and give my side which I dont owe her anything if i was getting the running car back id prolly take it back however the engine is blown and the engine is now out of the car. I can also make a counter claim? Does anyone have experince in this? Because i really dont want to lose this case. And she is also stating that i sold her a non working car and said there was nothing wrong with it. SHE DROVE IT HOME. 6 hours ago anyone also got a data point i can print out and show to the judge to show that there is no lemon law for cars that are used and private party just so i can bring proof chances are this judge isnt the greatest. but i dont know what to make of that law i saw the same thing on line and i cant make heads or tails of it and it doesnt say that private party is off the hook im just looking for poof if you can highlight the parts that help me out id really thank you NO WAY i totally was as true about the car as i could be. I still have the cragislist add stating the good of the car and under the bad was ruff idel, engine noise, and exhaust leak

Public Comments

Unless you provided something in writing either in an advertisement for the car or or the bill of sale stating it was in a particular condition, you have nothing to worry about. Used vehicles are sold as-is unless stated otherwise. The car was obviously abused after she got it and now is in a condition far different than when she drove it home. I can't think of a judge in the country that would side with her.
You can read below. "Arizona Lemon Law 44-1267 Used motor vehicles. Title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies. A. Unless the seller is a used motor vehicle dealer, before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name. B. Except as provided in subsection I of this section and in addition to the requirements of section 28-4412, a used motor vehicle dealer shall not exclude, modify or disclaim the implied warranty of merchantability prescribed in section 47-2314 or limit the remedies for a breach of that warranty, except as otherwise provided in this section, before midnight of the fifteenth calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability is also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded. An attempt to exclude, modify or disclaim the implied warranty of merchantability or to limit the remedies for a breach of that warranty, except as otherwise provided in this section, in violation of this subsection renders a purchase agreement voidable at the option of the purchaser. C. For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability is also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded. D. The implied warranty of merchantability described in this section does not extend to damage that occurs after the sale of the motor vehicle and that is the result of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain adequate oil, coolant or other required fluid or lubricant or off road use, racing or towing. E. If the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the cost of the first two repairs necessary to bring the vehicle in compliance with the warranty. The purchaser's payments are limited to a maximum payment of twenty-five dollars for each repair. F. The maximum liability of the seller under this section is limited to the purchase price paid for the used motor vehicle. G. An agreement for the sale of a used motor vehicle by a used motor vehicle dealer is voidable at the option of the purchaser unless it contains on its face the following conspicuous statement printed in bold-faced ten point or larger type set off from the body of the agreement: The seller hereby warrants that this vehicle will be fit for the ordinary purposes for which the vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. You (the purchaser) will have to pay up to $25.00 for each of the first two repairs if the warranty is violated. H. The inclusion of the statement prescribed in subsection G of this section in the agreement does not create an express warranty."
relax already your fine, this is two unhappy women who are going to get a sad lesson in car buying. The courts have decided many years ago, that all vehicle sales are considered as is, . The problem these girls have is exactly what you wrote, they drove the car all over, and it was fine, you have no idea, what they have done to it, and its a used car, for crying out loud, not some brand new ferrari. These women could have taken that car to a mechanic at any time prior to the sale, and thats all you have to say , besides to the best of your knowledge you sold a good running car, so keep your answer, short and sweet, forget about a countersuit you have nothing to sue for. write that you sold a car in good faith they both drove it and they decided to buy it. As far as you are concerned this is an as is deal at the time of sale and they are responsible. let them waste time and money. you are not going to lose dont sweat it. Stick to a good faith sale and in as is condition they had plenty of time to go to a mechanic first remember ok?
The only chance she has of winning is if she can prove you committed fraud. It's almost impossible to prove, and is completely impossible if you didn't. Tell this to the judge - "It is my understanding that any used car purchase that is not misreprestented is considered 'caveat emptor' or buyer beware. The buyer has the right and the obligation to inspect, or have the vehicle inspected, before purchase. If she chose not to do that, then she waived that right. I, in no way, misrepresented the vehicle. I did not alter the car in any way when I took it as trade for another vehicle. When the transaction took place, the car was running, as described, and the fact that the plaintiff bought the car would back this claim up. What the Plaintiff did between 2/25 and 3/7 to cause the stated problems is not known to me, but cars do break down and I should not be held responsible because the transaction was complete." Lemon laws don't apply to 18 year old cars, so stop worrying about that. You don't even need to prove that. The judge will know. The only way she has any chance if you purposely misrepresented the car and she bought it based on your representation. For example, if your ad stated something that ended up not being true. Countersue her for a frivilous lawsuit. You probably won't win, but you may as well try. Besides, it will tell the plaintiff you intend to fight it and maybe (probably not) sway them into dropping the suit.
Whatever you do, better make 100% sure you Answer this Complaint in the time alloted. Do NOT ignore it or blow it off!! If you fail to Respond to the Complaint, the plaintiff can go before a judge a request a summary judgment against you. That basically guarantees you will lose this case. You will need to go to the court where the Complaint was filed, and submit an Answer To The Complaint, or whatever court procedure is required. Do this BEFORE the 20th day. Take the day off if you need to. I sure hope you have a Bill Of Sale for this car, with her signature on it. That is what the judge is going to want to see.
There is no lemon law protection in AZ for an 18 year old used car. Private party vehicle sales are "as is". The police won't get involved and no attorney worth their law degree would take a case like this. As long as you didn't lie about the condition of the car, you should be okay. Go to court like you're supposed to and tell them the car was sold "as is", It's an 18 YEAR OLD CAR!