Kia Sephia Car sold - buyer sues seller
henrydsouza
05-09-2007, 08:15 PM
Hi ,
I had this Kia Sephia 1999 for 3 years , this car has not given me any trouble for last 3 years. Recently begining of this year , I changed the brakes , Battery and starter . The car gave me no problem at all. I had the car smogged for registration in March 2006 , I passed and the car was registered in California.I got a notice from DMV in March 2007 to renew it and my smog is valid for 2 years till March 2008. All my firestone reciepts when oil change was done has an inspection report which was all OK.
I put the car for sale on craiglist . One buyer came to see the car , he physically inspected the car , looked at the engine , looked at the interior and took a test ride. He did not ask me any question . He payed me cash and took the car .15 days later he calls me to say that the car did not clear the smog. He asked for his money back. I did not know what to tell him , since after 15 days I dont know what happened. The buyer now has sued me in court for selling the car fraudanltly to him and tells me now that the smog was my responsibilty.
My defence that I can think was :
1. I sold the car in good faith in an as is condition . ( I never faced any problems ) he took the car to mechanic and smog in the 15 days that he had the car and never mentioned anything to me )
2. I had smog test from an year ago when I did my registration which is currenty for my registration.
3. We did not sign any papers or write any documentation expect the title in which my address , the amount and the odometer reading is .
Now he is come back and asking me for more that what he payed. Honestly I am sad that those problems happned after the sale was done.
what should I do now ? the car has been in his custody for last 20 days now.
his claim is " Defendemnt sold automobile fradulenty. He claimed it has been recently smogged , has teh starter replaced and no problems , it actually has a bad starter , failing catalytic convertor , bad OS2 sensors , bad transmission and no record of been smogged"
Any advise will be appreciated.
I had this Kia Sephia 1999 for 3 years , this car has not given me any trouble for last 3 years. Recently begining of this year , I changed the brakes , Battery and starter . The car gave me no problem at all. I had the car smogged for registration in March 2006 , I passed and the car was registered in California.I got a notice from DMV in March 2007 to renew it and my smog is valid for 2 years till March 2008. All my firestone reciepts when oil change was done has an inspection report which was all OK.
I put the car for sale on craiglist . One buyer came to see the car , he physically inspected the car , looked at the engine , looked at the interior and took a test ride. He did not ask me any question . He payed me cash and took the car .15 days later he calls me to say that the car did not clear the smog. He asked for his money back. I did not know what to tell him , since after 15 days I dont know what happened. The buyer now has sued me in court for selling the car fraudanltly to him and tells me now that the smog was my responsibilty.
My defence that I can think was :
1. I sold the car in good faith in an as is condition . ( I never faced any problems ) he took the car to mechanic and smog in the 15 days that he had the car and never mentioned anything to me )
2. I had smog test from an year ago when I did my registration which is currenty for my registration.
3. We did not sign any papers or write any documentation expect the title in which my address , the amount and the odometer reading is .
Now he is come back and asking me for more that what he payed. Honestly I am sad that those problems happned after the sale was done.
what should I do now ? the car has been in his custody for last 20 days now.
his claim is " Defendemnt sold automobile fradulenty. He claimed it has been recently smogged , has teh starter replaced and no problems , it actually has a bad starter , failing catalytic convertor , bad OS2 sensors , bad transmission and no record of been smogged"
Any advise will be appreciated.
sickcallawayc12
05-09-2007, 10:52 PM
If you signed the title over to him (i.e., ownership) when he gave you the cash, then I don't think he has a case. Car was bought AS IS, so if something happens he's SOL. Sounds like he's just trying to screw you since he feels screwed from his bad luck.
Andydg
05-10-2007, 12:10 AM
His problem not your's!
henrydsouza
05-10-2007, 06:59 PM
Thank you guys for your reply.
The California Law requires that the seller smogs the car at the time of sale.
That means the seller has the responsibility for smoging the car before trading hands and exchanging the money.
I came from Wisconsin ( where there is no such rule ). I registered the car in CA and did the smog which I cleared. I was unaware of this rule in CA.
The buyer a CA resident , came saw the car and took the regitration title and handed me the money . The sale was done and completed.
I went to the DMV and handed over the " notice of transfer and release of liability" . That means that I am no longer responsible for the car.
According to Federal trade commission law , an used car sold by private party is an " AS IS " condition.
After 15 days the buyer is calling me to tell me that he did the smog test and has not cleared it.
Am I now responsible again to smog the car ?
Please advise me .
The California Law requires that the seller smogs the car at the time of sale.
That means the seller has the responsibility for smoging the car before trading hands and exchanging the money.
I came from Wisconsin ( where there is no such rule ). I registered the car in CA and did the smog which I cleared. I was unaware of this rule in CA.
The buyer a CA resident , came saw the car and took the regitration title and handed me the money . The sale was done and completed.
I went to the DMV and handed over the " notice of transfer and release of liability" . That means that I am no longer responsible for the car.
According to Federal trade commission law , an used car sold by private party is an " AS IS " condition.
After 15 days the buyer is calling me to tell me that he did the smog test and has not cleared it.
Am I now responsible again to smog the car ?
Please advise me .
sickcallawayc12
05-10-2007, 10:46 PM
I don't live in CA so i'm not much use, but it sounds like the car needed to be smog tested close to the time of sale or at least right before he bought it and you didn't do that according to what you said. Whether it still needs to be done at time of sale even though the current one doesn't expire for a year I dunno. The law seems kinda vague in my eyes.
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