#FBMarketplace #CarSale #Lawsuit #ConcernedSeller
Hey everyone! I recently got hit with a lawsuit from a lady I sold a Honda Pilot to on Facebook Marketplace a few months ago. She’s demanding $25,000 because of issues with oil leaks and a possible rolled back odometer 😳.
Here’s the thing:
– I never tampered with the odometer and the title was clean when I bought it
– I made significant repairs and passed a state inspection before selling it to her
– I didn’t offer a warranty and she had the opportunity to get it checked out by a mechanic
Should I hire a lawyer or is there another route I should take? And do you think I have grounds to counter-sue for damages? I’m a cargo van driver and this situation is really impacting my work. 🤔
Let me know your thoughts and any advice you might have! Any suggestions for finding a resolution would be greatly appreciated. Let’s discuss and share insights to help each other out! 💬🚗💡
Deals are assumed to be “As is”, and it would be on her to prove this deal was not intended to be handled that way. Nothing you’ve provided here suggests she would be able to do that.
Also, a single mechanic telling her that the odometer was rolled back and the car is worthless doesn’t constitute a legal fact.
This sounds more like a shakedown. Someone telling you they will sue you is very different from actually filing a lawsuit, but, the merit of a lawsuit isn’t checked when it’s filed – it’s only tested in court.
Depending on your state, if the lawsuit is actually for 25k you may *have* to get a lawyer.
You will not be able to counter-sue for having to miss work unless this woman becomes particularly problematic with using the court against you.
What year is the vehicle
I am not your lawyer.
Well, you can’t ignore the lawsuit. You will get a “default judgment” against you, which is about the same as you admitting to it. You need to deny the claims. You have 2 options.
1. Hire an attorney. Unfortunately for you, you will almost certainly have to pay for that service. You can call your state bar if you need a lawyer pro bono. There are groups to help you.
2. File pro se (represent yourself) and respond by denying all claims against you. You will respond line by line. You can research how that is supposed to go. I do warn you that your response is very important, as much of the subsequent lawsuit will be dependent on your response. However, you are free to amend your response with an attorney if you decide to hire one after your initial response.
I would like to see the bill from dealership and something on their letterhead stating roll back occurred and you specifically are the one that did it.
“because from what I understood from calling her yesterday”
STOP TALKING TO HER!
Lawyer, now.
All private sales are considered “as-is” with no expressed or written warranty.
Is this a real lawsuit? Was it small claims or district/supreme court?
Have you checked to make sure its real, many courts have ways to search online and if not call them. Get the number from their site not any paperwork you got.
I was selling a car to Carmax and they had a vehicle history report that showed that the odometer had been rolled back. Turns out that it was an error on the part of my state emissions testing station. They showed 73,000 miles when in fact it was 7300 miles. A few phone calls and emails I had the error corrected and sold the car. A mechanic can’t tell if an odometer was rolled back just by looking.
Depends on the state but unless you have a receipt or buyers order that explicitly states that it is sold “as is” you may be on the hook for repairs.
If you have this then I would tell her to pound sand. If you don’t you may want to research your local laws further.
It’s her problem now
Look her up in the local court system if you can. It won’t be the first bullshit case she’s filed.
For her to make that claim in court, would imply she would need to bring the mechanic to court. Keep your receipts. Every time she calls, ask her to stop and record it (audio or written, depending on your state). If it goes to court, bring your receipts, a log of phone harassment and a paystub. Present a counter claim to cover lost day of wages etc. Judges do not like people to waste the courts time.
I haven’t seen this made clear but there’s 25k at stake and whether properly or not you have been served with a lawsuit, you 100% need a lawyer to navigate this.
You have signed As Is agreement?
State this happened in is very important….
Lots of good responses. Here. I’m a lawyer like a number of folks here. Not licensed in VA fyi.
I’d compile all correspondence prior to sale. Texts, emails phone records. Did she have mechanic look at car? Did you take it somewhere prior to sale? Do we know if car is still. Being driven? Did it have a warranty,? Was it in a wreck? You may be able to pull a carfax report now to see if it was in a wreck.
Look up Plaintiff name on courts website to see if they are litigious in nature and file lawsuits.
Was the buyer under the age of consent? Usually 16-18 yrs old in most states.
Just so we’re all on same page it sounds like thetr was no written agreement?
Get an attorney. Probably not going to be cheap, but still going to be a heck of a lot cheaper than a judgement against you in court.
Get an attorney. Probably not going to be cheap, but still going to be a heck of a lot cheaper than a judgement against you in court.
Sound like the mechanic is just scamming her for money. I would also be alert of the car scams going around. She could be scamming you to get the car for free through the courts. You would foot the bill to fix the car, and later down the road, she gets paid a nice check from the lawsuit..
I had this happen to me. If you know know with a reasonable doubt that you only paid for the repairs you stated with recipients.. Tell her to go pound sand. If you have already received the summons to show, then it’s wise to lawyer up if you can afford it. Otherwise, be your own advocate and make a defense based claim, and submit it to the courts.
NAL. But have been served papers a bunch, and you have not been served. Like others said, look it up and see if it was recorded.
If it was not, save your money on the lawyer. People threaten to sue and send s**t like that all the time. Doesn’t mean a thing until you are legitimately served. But DO save all correspondence with the buyer. Good luck
Get a lawyer and countersue for time, legal expenses, and pain and suffering.
As is, and she is scamming you.