Used car sale "as is"??

[Scheff]

My mom is currently in a battle about her used car sale, she sold a car to a friends daughter and now the daughter is wanting her money back because she did not know the car needed so much work put into it, her dad is a machanic and had the car for 2 months prior so he could have looked at it anytime but failed to do so, and my mom has a chat log of her igknowledging there were problems with the car prior to her purchasing it and it was broken down partly, and she stated they just assumed my mom was going to help with it financially AFTER it was sold. my mom was not aware of the extent of the damages but is under the impression a used car sale from a private owner is an "as is" sale, and it was the daughter's responsibilty to have it looked at by a mechanic prior to purchasing which she did not, and my mom never gave any warranty or false information about the condition. Now she is threatening to take my mom to court to get her money back. Should my mom be worried? Please email xxsilverflamezxx@aol.com if you know.

 

[Duranie]

As is means as is, It is very doubtful this girl has a case. Shre could have had it inspected, but didn't. The girl can threaten all she wants. If your mom is served with court papers she needs to respond, but unles this girl can prove your mom falsely represented the car, no case. Tell your mom to stop talking to her for now.

 

[Scheff]

As is means as is, It is very doubtful this girl has a case. Shre could have had it inspected, but didn't. The girl can threaten all she wants. If your mom is served with court papers she needs to respond, but unles this girl can prove your mom falsely represented the car, no case. Tell your mom to stop talking to her for now.

Will the judge allow a chat log from AOL instant message as proof she was aware there were problems with the car but chose to purchase it anyways before having it looked at by a mechanic?

 

[Scooterdog]

What state? The laws very from state to state. Some states may require a repair attempt, it just depends on which state. I agree with Duranie that the girl is SOL.

How long has this been going on?

 

[Scheff]

What state? The laws very from state to state. Some states may require a repair attempt, it just depends on which state. I agree with Duranie that the girl is SOL.

How long has this been going on?

It just started she sold the car like earlier this month I believe, my mom got word she called small claims court but hasn't heard about any court dates. It's in Ohio. She wasnt going to fix it up she was going to get a new car, and the girl asked to buy it KNOWING there were issues with it, but nobody knew HOW bad it was, that's why I think the girl should have taken it to a mechanic BEFORE agreeing and asking to buy it and pay for it. ALSO her dad asked my mom to make the receipt for $200 (sale was for $800, Blue Book Value) so she wouldnt have to pay taxes on it, being goodhearted my mom did and now she is scared that will come back on her. She is pretty nervous but I told her that girl doesn't have a case as she was negligent (sp?) to have it inspected first, and just assumed my mom would help her pay for it AFTER the sale... dumb. :no: She also told my mom "Well you cant spend my money on a new car if I dont have one to drive" She's not very smart.........

 

[Duranie]

Again tell your mom to stop worrying. This girl has to serve her with papers. Your mom mayhave to go to court but it is really unlikely this girl has a case.

Taxes have nothing to do with a used car sale, and its not counted as income.

Your mom needs to stop communicating with her. If the car is only worth 800.00, then she really has no room to complain it needs work.

 

[Scheff]

Ok thanks, I'm sure it will be a big relief to her. Thanks for all of ur input, it's helped a lot! Quick question, is this all opinions or actual legal advice? I've never seen this forum before so I'm not quite sure.

 

[Duranie]

Just opinions, not legal advice but it seems like your mom has a pretty good leg to stand on here.

 

[Scooterdog]

I wouldn't worry until I had papers in my hand. People make stupid threats like that all the time, and two, she knew what she was getting into. Best of luck to her, after she loses and can't recover those filing fee's for a bogus case.

If your mom gets notice for scc, please write back.

 

[Scheff]

I wouldn't worry until I had papers in my hand. People make stupid threats like that all the time, and two, she knew what she was getting into. Best of luck to her, after she loses and can't recover those filing fee's for a bogus case.

If your mom gets notice for scc, please write back.

Definatly will do guys, thanks!

 

[localdude]

You really need a machanic to inspect it before you buy. People see a lot of
cheap cars everywhere. Never buy anything "as is" unless you know the seller.

My mom is currently in a battle about her used car sale, she sold a car to a friends daughter and now the daughter is wanting her money back because she did not know the car needed so much work put into it, her dad is a machanic and had the car for 2 months prior so he could have looked at it anytime but failed to do so, and my mom has a chat log of her igknowledging there were problems with the car prior to her purchasing it and it was broken down partly, and she stated they just assumed my mom was going to help with it financially AFTER it was sold. my mom was not aware of the extent of the damages but is under the impression a used car sale from a private owner is an "as is" sale, and it was the daughter's responsibilty to have it looked at by a mechanic prior to purchasing which she did not, and my mom never gave any warranty or false information about the condition. Now she is threatening to take my mom to court to get her money back. Should my mom be worried? Please email xxsilverflamezxx@aol.com if you know.