Need Some legal questions answered please.

[7.5L_STX]

Hey guys, I recently sold an f150 that I had for about 2 months, never gave the truck a good once over cause I kinda just stumbled into it and drove it daily.

Well I've been working out of town since I sold it and received a text yesterday from the buyer that it has a crack in the frame right behind the passenger side radius arm, I knew nothing about it. He's saying that he's gonna take me to court and he's talked to his lawyer and his lawyer said there's a law about selling a vehicle with a shitty frame (never heard of such a thing)

So I offered to fish plate the frame, cause I'm not a shitty person and I like to help people out when there in a pinch. I would provide the steel and the welding. They sounded alright with that idea. BUT, I'm wondering if that could backfire and say that I didn't do a sufficient job and that could be a whole nother can of worms.

So my questions are basically this, does he have a case against me? I've googled but haven't found anything that's exactly like this situation.

Also, Should I help him and weld it or tell him to get bent and take me to court?

 

[4.0B2]

was it sold "as is"?
I'm assuming so...
I don't see where he has anything against you as buying a used vehicle...

IMO he bought it, he should have checked it over before hand. Do you have a lawyer friend? if not, you need one lol

 

[7.5L_STX]

was it sold "as is"?
I'm assuming so...
I don't see where he has anything against you as buying a used vehicle...

IMO he bought it, he should have checked it over before hand. Do you have a lawyer friend? if not, you need one lol

Yep it is as is, I believe in michigan unless I state there is a warranty, every private party sale is considered as is. Plus it said as is in my craigslist ad.

Here's the kicker, he works at a ford garage. He should have known to look a vehicle over. I suppose I should have too though lol.

 

[4.0B2]

If you do decide to fix it for him... make him sign a notarized paper saying you're not responsible for anything.

 

[wildbill23c]

Too bad for him. He supposedly works at a dealership and doesn't have enough brains to look over what he is buying? That's his own fault, he can lawyer up all he wants and spew worthless BS all the wants but if you sold the truck with a bill of sale and title saying SOLD AS IS then there's nothing he can do towards you, and if I were you I WOULD NOT offer or repair the problem. He works at a dealership he can have the repairs done for free or virtually free.

Nope, as is means as is. If he didn't look the truck over that's his own problem, not to mention, maybe he's the one who actually screwed up the frame, how does he know that it was cracked before he bought it? How do you know that he didn't try to drive the truck on a dirtbike track at mach-1 and break the frame.

 

[snoranger]

Don't fix it... If it breaks down the road, you can be held liable. ( even with a waiver or notarized letter.)
In Michigan all private auto sales are as-is, unless you agreed to a warranty in writing. If he can prove fraud, then you will have to pay to have it fixed, or refund the money. So unless there is a paper trail showing that you knew about the frame damage, there isn't any proof.

 

[97RangerXLT]

yeah, what everyone else said. its his truck now, including the cracked frame. And for the love of God do not even touch this truck now!

let him fix it, if you plate it over and the frame cracks behind your repair, he will sue you for that too. Tell him to &*&% off and your lawyer can reply to his.

AJ

 

[7.5L_STX]

yeah, what everyone else said. its his truck now, including the cracked frame. And for the love of God do not even touch this truck now!

let him fix it, if you plate it over and the frame cracks behind your repair, he will sue you for that too. Tell him to &*&% off and your lawyer can reply to his.

AJ

Can't really afford a lawyer :/

 

[97RangerXLT]

he doesn't know that

More than likely he will back down as well, because he will easily be in for more money to the lawyer than what he would pay to fix the frame, and still be practically gauranteed to lose the case if it goes to small claims court.

a question for you:

Are you a mechanic? ASE certified or otherwise, or are you a Vehicle inspector? If not, you are not an expert and therefore you will not be expected to be knowledgeable on how safe or how good the car is. again, As Is. Now if you took the truck/ car to a mechanic and he stated that your frame was cracked and you did not disclose it, (and as it was pointed out above if the new owner can find that paper trail) you may have a problem.

AJ

 

[7.5L_STX]

he doesn't know that

More than likely he will back down as well, because he will easily be in for more money to the lawyer than what he would pay to fix the frame, and still be practically gauranteed to lose the case if it goes to small claims court.

a question for you:

Are you a mechanic? ASE certified or otherwise, or are you a Vehicle inspector? If not, you are not an expert and therefore you will not be expected to be knowledgeable on how safe or how good the car is. again, As Is. Now if you took the truck/ car to a mechanic and he stated that your frame was cracked and you did not disclose it, (and as it was pointed out above if the new owner can find that paper trail) you may have a problem.



AJ

Nope not a mechanic, not professionally at least. And there is no paper trail, as I never knew it was there.

So basically what I should do is:

A: don't help fix the truck.
B: tell him to pound sand and take it to court.
C: win, hopefully. Or he back down.
D: profit?

Am I missing anything here?

 

[97RangerXLT]

I think you got it covered. The only thing you can really offer him that would be of help would be to point him to a minister/ preacher to marry his parents.

AJ

 

[7.5L_STX]

I think you got it covered. The only thing you can really offer him that would be of help would be to point him to a minister/ preacher to marry his parents.

AJ

Haha, thanks. I'm feeling much better. Plus I don't have to waste welding materials this weekend now, shits getting expensive lol.

I'll report back on what happens.

 

[ElliElie789]

Thanks 97RangerXLT for sharing.

 

[adsm08]

Yeah, I think the only way you can be held liable on that if it was an "as-is" sale is if you are a dealer, because there is an expectation that it would be looked over.

 

[simpler=better]

Walk away. Anyone who opens with lawyer BS for craigslist truck is going to be a nightmare.

Got a tape recorder, ipod, etc? Great now put your phone on speakerphone mode and start recording. Your next(and last) call should go like this:

"Hello this is 7.5L_STX calling. I need to inform you that this call is being recorded. The truck I sold you was sold as-is, I will not be held liable for any damage you created after I sold you the truck. Any further calls to me will be considered harassment and I WILL press charges. Have a nice day."

If he continues to go apesh*t then you've got everything you need for a restraining order.