Β #LegalAdviceNeeded #CaliforniaLaw #VintageCar #AsIsSale
Hey everyone! ππΌ So, here’s the deal – my dad sold a custom-built vintage car to a lawyer 9 years ago in California. Now, the lawyer is threatening to sue him for “misrepresentation of product.” π¬
– The car was described as having a “modular configuration” with multiple cockpit options.
– The buyer claims pieces are missing to properly secure a hardtop roof, which my dad says he included.
– The lawyer insists that the car was falsely advertised and cannot be used as intended.
Do you think the lawyer has a valid case, or is he just stirring up trouble? π€ Any legal eagles out there who can shed some light on this situation?
Possible solution: π οΈ Maybe seeking a consultation with a legal professional could help clarify the rights and responsibilities in an “as-is” sale like this.
Let’s discuss and share any insights or experiences you have! ππ¬
As-is means just that. extra loose parts are not attached or part of the car. It’s also been 9 years. this guy is blowing smoke and has no ground to stand on.
>approximately 9 years ago
In general, the contract for the sale was concluded when the buyer took delivery and paid for the vehicle. A lawsuit to resolve a dispute over the price, quality, or completeness of the kit would have to be filed within the “statute of limitations” or that kind of transaction.
In most places, the SOL for a written contract is several years. In California, such a lawsuit would have to be filed within 4 years of when the contract was broken.
There are exceptions, like the idea of “delayed discovery” or “latent defects”, but I think that the buyer is many years past his opportunity to seek a remedy in the courts for missing parts that were supposed to have been delivered during the Obama administration.
>is he just being an asshole
A lawyer who races custom ’60’s replica Jaguars ? I cannot imagine.
In what state did this sale happen? The answer is almost certainly going to be “No, that was an as-is sale, and you’re beyond the statute of limitations anyway,” but knowing the state may give some color to that response.
Even if he had a case it would only be for the value of the missing parts and would not likely be worth a lawsuit.
This is much simpler than you may believe and the βlawyerβ must be a lawyer in another state:
[Statute of Limitation on civil lawsuits is max 4 years. The only limitation that is 10 years is a pre-existing judgement.](https://www.findlaw.com/state/california-law/california-civil-statute-of-limitations-laws.html#:~:text=Depending%20on%20the%20type%20of,or%20discovery%20of%20a%20wrong)
Nope. Heβs totally clear. It was an as is sale and the SOL in Cali is 2 years.
Possible the buyer had and lost the part over the 9 years.