A few months back i had a 1st gen rx7 for sale.I sold it to a lady for $500.I wrote it was guarnteed to run.I drove it down my road a a couple weeks prior to this,it wasent running at the time of sale.She called me up a little over a month later saying one of the rotors were bad.I asked her what was wrong and she said there was no compression in it.i asked her if it ran.She said it did.She said she was going to bring it back and wanted a refund.i told her no it ran thats all i said it would do.She said well it dosent perform.Told her no dice and she wasent going to get a refund.She said ill see you in court.end of convo.
Today i got a small claims court notice saying i sold her a bad engine that was guaranteed to run.
How can i win my case?
What would you guys consider running?
Before you say im a bad person ect ect.It ran i didnt know it had no compression.Dont flame on this thread just advice Thanks.
I knew people would flame about the guarnteed thing but that was the only way it was going to go.it still would be sitting here otherwise.
What if i said she drove it home and she said she had it towed?
well first off that was a REALLY stupid move to garunetee it to run…always sell a car ‘as is.’
i think you will be ok…if it says on the bill of sale that it would run, and she started it up and drove it home, then u should be ok because it phisically ran at the time of sale (which is what u gaurneteed it to do). nowhere did you say that it was garuenteed to be in perfect condition with no flaws. did you know that there was bad compression in it when you sold it? if you did then she may have something on u but more than likely theres no way to proove that u knew it or not. although i’ve been demoted from a law student to a law major drop out, the best advice i could give u would be to contact a lawyer, and see what he says, but i’ll give u my opinion anyway…
you need to have a copy of the recipts signed and dated by you and the person who bought the car, saying that the car was sold for $500 and was garuenteed to run. if you have that, then you pretty much have proof that when the person bought the car, they drove it away and therefor it ran, which is all the recipt gaurneteed ot to do. as long as you have that, what the hell, go to court and see what happens. i think that after seeing the signed proof of the sale and what you said the car would do, the judge would pretty much just tell the person that ‘hey, you drive it home and it ran, thats all he said it would do’ and dismiss the case. now, if you dont have that recipt, then i would prob jsut get the car back and pay them the $500 because thats prob gonna end up costing you less money in the long run rather than trying to fight it out in court. i would also try and get them to meet you at a Mazda dealer and have soem1 theren that knows rotary engines look at it and give you written proof of whats wrong with it. if they say its fine, then you can still go to court and then countersue the lady for whatever it cost to have the dealer look at it.
she shows the judge a bill from the towing company that says they towed it, and you’re fucked. you just lied in a court of law and now you’re in deeeeep shit my friend. dont do that.
it didnt run at the time it was sold.She has the bill of sale so she would have to bring it to court.Without that though then its not guarnteed anything.
LOL…same thing happened to me last year…as long as she drove the car home than you shouldn’t have a problem. Its not your fault what happens to the car after the purchase. As long as it started and ran when she bought it than your guarentee was kept. You didn’t gaurentee how long it would run did you???