Can Anybody Give Some Legal Advice Or Opinion

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LATINAHEAT

LATINAHEAT

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HUBS SOLD A VEHICLE TO SOMEONE FOR $2800 AND ACCEPTED $1100 DOWN AND FOR THE BUYER TO PAY $200 MONTHLY. NOW 4 MONTHS LATER SHE IS HAVING PROBLEMS MIND U THE TRUCK WAS IN PERFECT HEALTH HEHEHE I MEAN CONDITION WHEN WE SOLD IT. NOW SHE WANTS US TO PAY TO FOR HER TO GET IT FIXED!!! HUBS WENT TO GO CHECK IT OUT OF COURTESY...HE TOLD HER THE PROBLEM WHICH SHE CAUSED....ANYWAYS NOW SHE SAID SHE IS GONNA TAKE US TO SMALL CLAIMS ....HAHAHAHA

ALL I HAVE IS A SALES RECEIPT STATING THE AMOUNT OF THE VEHICLE FOR WHICH IT WAS SOLD AND HOW MUCH SHE GAVE US AND THE REMAINDER OF THE BALANCE THAT SHE WILL PAY MONTHLY, AND HER AND HUBS SIGNED THIS PAPER....SHE HAS A COPY OF THE SAME THING. SOOO TO MAKE THE LONG STORY SHORT EITHER ONE OF US PUT ON THIS PAPER "AS IS" OR IF SOMETHING WERE TO HAPPEN TO VEHICLE...ETC....

SINCE SHE IS OR SAID SHE IS GONNA FILE A CLAIM, SHOULD I TURN AROUND AND FILE A CLAIM TOOOOO FOR THE REMAINDER OF WHAT SHE OWES OR WAIT AND SEE WHAT THE JUDGE SAYS? ALSO WHO'S SIDE DO U THINK THE JUDGE IS GONNA TAKE?

PLEASE HOLLLLLLA BACK!
 
she bought the truck... she has no right to claim for u two to fix it
 
Personally from what I can tell you...I work in the auto industry...she hasn't a leg to stand on.

First of all...when you sell a vehicle there is NO WARRANTY even when purchasing from a dealership...unless its specifically expressed in the sale documents. Second...depending on what the problem is...the judge will probably laugh her out of his courtroom. Well the judges I know would! 😉

Coruse this is based on my dealings in the industry for the last 12 years and the laws where you are may be different. This is just my opinion and Lord knows I ain't no lawyer! :stoned

Good luck Latina! 🙂
 
hold on KRYSTAL!!!

In NEW YORK STATE, there is a thing called "THE LEMON LAW" which i believe gives a buyer up to 3 months on his or her used vehicle. so, if anything goes wrong within thats specified amount of time, the seller would have to cover it. I'm not sure about the law in Cali so you better check out your local lemon laws.
 
Im Not familiar with Ny law But unless the contract specifically States a warranty or express Written Guarantee period the item is sold "AS IS".

Heres an excerpt from Californias lemon laws.


QUALIFICATION: 4 repair attempts or 30 calendar days out of service or 2 repair attempts for defect likely to cause death or serious bodily injury within shorter of 18 months or 18,000 miles, or “reasonable” number of attempts during entire express warranty period.
 
KENNY GUIDO said:
hold on KRYSTAL!!!

In NEW YORK STATE, there is a thing called "THE LEMON LAW" which i believe gives a buyer up to 3 months on his or her used vehicle. so, if anything goes wrong within thats specified amount of time, the seller would have to cover it. I'm not sure about the law in Cali so you better check out your local lemon laws.
Click to expand...

Which is why I told her the laws may be different where she is! 😛

I don't know that LEMON LAWS apply to private vehicle sales though. :confused That's something I don't deal with. :lol
 
Latina, Not sure exactly, but I'm thinking that she doesn't have a leg to stand on...

as for the Lemon Law, when you are buying from a private person, does it stand for that too? You take risks when buying from a person, don't you?

As for the remaining money she owes you... not sure what will happen from there. You took a chance that she would pay you.

The paper that her husband signed stated that they are agreeing to pay a certain amount every month until the balance is paid in full?

That should stand, but ... maybe not.

Was the receipt notarized? That's more legally binding, I believe.

Good Luck
Gina
 
I think you should wait and see if she really files or is just bluffing to try to get over on you. if she files, I think she will lose especially if you can prove to the judge that she caused the problem,in that case I don't think the lemon law applies. as far as you sueing her I would wait and see where the chips fall, if she keeps paying the agreed 200 per mo. then obviously there is no reason to waste your time effort and money filing. if she fails to pay and you have a written agreement signed by her saying she will make the aforementioned payments then you would have a very strong case, if you only have a verbal agreement then it gets a little more tricky. in the case of verbal agreements the judge will put alot of importance on the credability of you vs. hers. so if it comes to that keep a level head in court be respectful towards the judge, and if you know how to push her buttons and make her look like a raving maniac do it but without being obvious, it sounds underhanded but lawers do it all the time. I know how you feal, I sold a car to a woman and she burned me fortunatly I was only out 400 dollars. good luck!!!!
 
HEHE I THINK THIS WOMAN IS A MANIAC CAUSE SHE JUST HAD IT SMOGGED AND SHE WENT BACK TO THE GARAGE WHERE SHE HAD IT DONE AND DEMANDED TO KNOW WHAT THEY DID TO THE VEHICLE!! LOL OH YEAH AND I FORGOT TO MENTION THAT WE STILL HAVE THE PINK SLIP TILL SHE PAYS IN FULL...SHE DOES HAVE IT REGISTERED IN HER NAME THO! THAT WAS THE OTHER AGREEMENT MADE, BUT VERBALLY THAT WE KEEP THE VEHICLE IN OUR NAME TILL SHE PAYS IN FULL😱
 
Are you sure, Reber? there was a huge thing as few years ago about private sales being included in the lemon laws. My friend bought a car from another friend and he shorted him $100. a couple of weeks later the car died. he tried taking him to court under the lemon law but he couldnt since he shorted the guy $100 and they said it voided any laws that would of worked in his favor since he breached a contract.
 
THANKS GUYS!! HMMM I THOUGHT THE LEMON LAW WAS FOR WHEN YOU BUY CARS FROM A DEALER:crap ANYWAYS I WILL LET U GUYS KNOW WHAT HAPPENS IF ANYTHING!!
 
😛 DEFINITELY GO TO YOUR NEAREST BAR ASSOCIATION AND GET LEGAL ADVICE..AND IF SHE DOES FILE, U CAN ALSO FILE AND IF U DO HAVE TO PAY ANY REPAIRS , THE JUDGE MAY DEDUCT IT FROM THE BALANCE SHE ALREADY OWES U..AND GIVE U THE REMAINING BALANCE OWED TO U..FIND OUT IF IN CALI U CAN FILE SMALL CLAIMS PAPERS FOR A FEE, TO SUPOENA ANY BANK OR ELECTRIC COMPANY OR PHONE COMPANY TO SEND U HER PERSONAL INFO, IN ORDER TO GARNISH A BANK ACCOUNT OR COLLECT MONIES OWED TO U..I KNOW I DID IT SEVERAL TIMES FOR A BOSS OF MINE..AND IT WORKED..MY BOSS RECEIVED $2500 DIRECTLY FROM ONE BANK ACCOUNT WITH THE PERSONS KNOWLEDGE OF COURSE..SHE WAS NOT HAPPY AT ALL..AND I DID RECEIVE BANK ACCOUNT AND CHECKING ACCOUNT NUMBERS VERY EASILY..IN NY ANYWAYS 😱 😛
 
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