Full question:
I am a private seller who sold a vehicle to another individual. The car was great for me and the man test drove the car and asked many questions about the car to which I answered honestly. The transaction was VERY informal no signatures no contracts and cash on delivery. 8 mos later now the individual contacts me saying he is trying to sell the car and that car fax says it's been totaled. He wants all his money back! I didn't know the car had been totaled and didn't really care bc the car ran great and he admitted it did too. He says he is suing me for the money he paid for the car. Can he do that seeing as the car was sold to him 'AS IS'?
- Category: Automobiles
- Date:
- State: Tennessee
Answer:
People say they are "going to sue" all the time, in order to try to create leverage to get their way. Whether they would actually sue is uncertain. But in theory anyone can file suit against anybody for just about anything - if they are willing to go to the significant trouble and expense. So you may get sued, if the person is willing to go through with it and is not just full of hot air. If you are sued, you need to answer the lawsuit. We recommend you contact a local attorney, though you can represent yourself.
As long as you did not knowingly falsely answer any of his questions falsely, and did not knowingly (and you have said you did not know) conceal that the car had been totalled (if it is true that it had been at some time in the past), then we don't believe a court would reverse your transaction. There are a couple of potential problems, however.
If an AS-IS sale is required to be in writing in Tennessee, you may not be able to rely on the sale as having been AS-IS. We cannot determine whether or not this is the case in TN, you should consult a local attorney. However, the casual nature of the exchange tends to indicate that the exchange was complete, with no strings (no warranties) attached - if there had been warranties, they would have been documented in a writing.
The lack of a bill of sale or any other written agreement may or may not work against you, depending on the sale value, and depending on the specifics of Tennessee law. We cannot give legal advice on such a specific question and you should contact a local attorney.
We wish you good luck. Most of all, you should tell him you did not know about the (claimed) totalling of the car, and that the sale was, and remains, AS-IS and final - and refuse to talk to him any more. If he harrassess you by phone or in person, you should contact the police. If he sues you, you should contact a local attorney.
We cannot give legal advice. The foregoing is not a substitute for the advice of a local attorney. But we hope the information will be useful.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
