What is the name of your state (only U.S. law)? California
Three days after car was sold, buyer contacted me and told me car didn't pass smog, had mechanic inspect the car. I offered my assistance to have my mechanic look at it and fix it out of my own pocket. She refused. I told her I wouldn't pay for another mechanic to fix it. She said it was only an inspection. Fast forward, inspection came back and she told me that it would cost her 700 dollars to fix it. I told her I wouldn't pay. She said that I didn't have to pay and that she would cover it because she mistakenly agreed to let the mechanic due the work and not just an inspection. 2 hours later, her boyfriend calls and asks if I would be willing to help. I told him that I would want to see the receipt and then I would determine what I would want to do. Once I received the receipt, I noted that the labor costs were exceptionally high and that her mechanic overcharged her. 3 hours to do a valve adjustment, 2 hours to clean fuel injections, 1 hour to change spark plugs.
At this point I wasn't sure if I was being taken for or not. I thought about it and in my mind I wouldn't want this to happen to me so I decided to be a generous person and help her about by offering to pay 200. She immediately noted that it was not enough and she threatened to sue. I told her that a legal process is long and arduous and most likely not worth it considering the value of the car. So I asked her what she would deem fair. She requested 300 dollars instead. Before I could respond with my decision she told me the offer to pay her 300 dollars was off the table and that she was going to sue me anyways. Over a week has passed since that vehicle was sold and since then she has managed to somehow break the vehicle's drive train, (it's a manual car). Now she is reporting that I sold her a bad vehicle.
Statement of facts to be taken into consideration:
1. During the test drive it was driven by her boyfriend, her and myself. Each time we drove it there were no mechanical problems.
2. I've driven this car for approximately 3000 miles since I purchased it.
3. The car smogged 1.5 years ago and passed before any emissions work was done by me.
4. When the car was purchased we both signed a release of liability and notice of transfer which I submitted to the DMV.
5. Additionally she signed an addendum I wrote it just in case. This addendum states:
" The car is in running condition and can be operated in accordance with California law. It will be the responsibility of the buyer to follow California DMV procedures to register the vehicle in accordance with California DMV rules and regulations. The buyer agrees to release the seller of any liability (Civil or Criminal) for the vehicle hereafter. The buyer agrees that there will be no returns or refunds for the purchase of the vehicle. " We both signed this and her boyfriend was a witness.
6. She stated that she would pay for all the repairs herself, but then changed her mind. Could this be admonish me of any requirement to pay for the repairs?
7. Since she signed this addendum, could I present this in court as a legal document binding her against' being able to sue me? Would this hold up in court?
Three days after car was sold, buyer contacted me and told me car didn't pass smog, had mechanic inspect the car. I offered my assistance to have my mechanic look at it and fix it out of my own pocket. She refused. I told her I wouldn't pay for another mechanic to fix it. She said it was only an inspection. Fast forward, inspection came back and she told me that it would cost her 700 dollars to fix it. I told her I wouldn't pay. She said that I didn't have to pay and that she would cover it because she mistakenly agreed to let the mechanic due the work and not just an inspection. 2 hours later, her boyfriend calls and asks if I would be willing to help. I told him that I would want to see the receipt and then I would determine what I would want to do. Once I received the receipt, I noted that the labor costs were exceptionally high and that her mechanic overcharged her. 3 hours to do a valve adjustment, 2 hours to clean fuel injections, 1 hour to change spark plugs.
At this point I wasn't sure if I was being taken for or not. I thought about it and in my mind I wouldn't want this to happen to me so I decided to be a generous person and help her about by offering to pay 200. She immediately noted that it was not enough and she threatened to sue. I told her that a legal process is long and arduous and most likely not worth it considering the value of the car. So I asked her what she would deem fair. She requested 300 dollars instead. Before I could respond with my decision she told me the offer to pay her 300 dollars was off the table and that she was going to sue me anyways. Over a week has passed since that vehicle was sold and since then she has managed to somehow break the vehicle's drive train, (it's a manual car). Now she is reporting that I sold her a bad vehicle.
Statement of facts to be taken into consideration:
1. During the test drive it was driven by her boyfriend, her and myself. Each time we drove it there were no mechanical problems.
2. I've driven this car for approximately 3000 miles since I purchased it.
3. The car smogged 1.5 years ago and passed before any emissions work was done by me.
4. When the car was purchased we both signed a release of liability and notice of transfer which I submitted to the DMV.
5. Additionally she signed an addendum I wrote it just in case. This addendum states:
" The car is in running condition and can be operated in accordance with California law. It will be the responsibility of the buyer to follow California DMV procedures to register the vehicle in accordance with California DMV rules and regulations. The buyer agrees to release the seller of any liability (Civil or Criminal) for the vehicle hereafter. The buyer agrees that there will be no returns or refunds for the purchase of the vehicle. " We both signed this and her boyfriend was a witness.
6. She stated that she would pay for all the repairs herself, but then changed her mind. Could this be admonish me of any requirement to pay for the repairs?
7. Since she signed this addendum, could I present this in court as a legal document binding her against' being able to sue me? Would this hold up in court?