Im being sued

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Brian Hasledalen 2

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I sold my 02 estate green sport trac 4x4 with 148000 miles on it. Now i am being sued by the guy who bought it. the sale went down like this. The guy called me on thursday asking me what my absolute bottom ( doen from my previous 7000 i had told him) I said if he brought cash I would entertain 6800. well he ended up coming out, loved the color of the truck right away, took the vehicle (with his wife in the trac also) for a test drive, came back 15 minutes later. he got out of the truck and continued to look the vehicle over. he noticed the body mounts (rubber part) falling apart, as well as the transmission pan had some dirt and im sure some fluid under it (never ever leaked onto my concrete garage floor) said the truck majorly pulls to the left, mentioned the exhaust was a little louder than he wants, and said he would be replacing that right away. he than looked at me and asked again what my bottom dollar was and I reluctantly took another 100 off. (I should have told him to leave) he said he needed to talk it over with his wife in the truck they drove to my house together. they talked for 5 minutes, he got out and decided to purchase the vehicle. I had him sign a bill of sale which states, no warranty implied or expressed and also say sold as is on it (I printed this off the internet)



He paid in full, i gave him no warranty. he drove off. Friday evening he calls and leaves me a message stating the ball joints need to be replaced for 400, transmission pan seal needs to be replaced 300. the exhaust needed to be replaced 400, the rear seal is leaking in the axle 500, and the rear ends brakes will need to be replace in the near future.



I had no idea any of these things were wrong with it as I drove this trac everyday before I bought the f150.



He is cop, so I think he feels he is above the law. In his first initial contact with me after the purchase he told me of the things wrong and then at the end of the conversation threw in the "I will sue you if you do not contact me before 8am monday morning". I have kept that voice mail along with all emails between us. I will not call him becasue I can not document our converstions as easily as an email.



So needless to say, that pissed me off. Rather than trying to be a civil person he decides to throw out a law suit. If he would have contacted me and told me of the problems i may have (I would not of had to) helped to some degree, maybe gave him 100 dollars. I dont sell things that I know have problems, and do not screw people over.



So now he is telling me he is going to file papers on monday because I will not cover his repairs. (which he already has completed so he tells me)



Being told im being sued has made me not sleep at night, yet from what I have heard he has no case.





I guess I am wondering if anyone has delt with this before? and what was the outcome. thanks Brian.
 
I don't see how he could possibly win that. "Sold as is", it is what it is. He might have chance if you were a dealership or maybe if you were a mechanic by trade, not with a private owner sale. I would not worry about it.



You should counter sue for court costs and all the distress he's causing you!:fire:
 
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Empty threats. Although, I personally would register a complaint for harassment with your local law enforcement, whether he is from there or not. The more people that know you sold it as is where is the better. A friend sold a truck and was threatened the same way as well as being told the new owner would come out and kill his dogs. Oddly, after registering the complaint, all calls and treats stopped. Your purchaser has no case IMHO. I'm sorry for your experience. I've dealt with braindead sellers, but not any buyers thankfully.
 
Brian:



You're not being sued till the court says you are. Saying and doing are two different thing...IMO. But....I'm not even close to being a lawyer.



Not quite the same but I had an experience from a buyer standpoint a long time ago...I bought a car off a gentleman who said he was the original owner(I wanted to buy a one owner car so I would know its history). Nice car, decent price... Something aroused my curiosity though and I ran the title on it back to the original owner....The guy I bought it from was not the original owner and it turns out it was wholesaled 5 or 6 different times. One transfer went from a dealer, to an individual and back to the original dealer. From the original time the dealer owned it till he got it back from the individual, the car lost approx 15,000 miles. I called my lawyer and he said we could sue and would win but the judge would most likeley award me $1 since basically I accepted the car as is. So, I let it go and it was one of the best used cars I ever bought. I also called the seller up and he was shocked that they let me run the titles back...LOL!



If you have a lawyer, you might want to run it past him but since he signed a bill of sale that said:



I had him sign a bill of sale which states, no warranty implied or expressed and also say sold as is on it
Click to expand...



I would be suprised if he had a case. I wouldn't be suprised if he weren't just trying to fish around to get a little more off the price. Just knowing he was out there with a badge would make me more nervous.....



Good luck,

'07 ST:driving:
 
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Nothing to worry about, you covered yourself. I would not only contact the local police but also the buyers department regarding his threats. Caveat emptor...
 
Stand your ground, no crime was committed. He could of taken to his shop for a look over before he agreed to purchase. I agree above, empty threats!
 
There is no issue here what so ever. The dude bought a used vehicle. The end. Your bill of sale with 'as is' printed on it is a nice touch but not even necessary. Do not have any more communication with him other than to tell him you will not have any more communication with him and you will be awaiting his lawsuit. You will never hear from him again.
 
I agree with the others. He has no case, he even pointed out the items that needed attention before he bought it.



That's like going out to a really nice restaraunt, eating the whole dinner and then saying it was nasty and you want your money back, not gonna happen.



I would file a harrasment suit against him with the state police board and with his department cheif. Just because he's a cop doesn't give him the right to act that way or treat people that way.



He got a hell of a deal even with the repairs he did (that he pointed out needed done before he bought it).



Sometimes times are tough and you just want to sale a vehicle because you don't need it anymore but I never let someone try and lowball me like he did and keep haggling the price.



I've had my Show Truck for sale for about 2 years now but I'm not gonna give it awayand I really need the money to get my wife a daily driver because she has my ST. There's way too much time and money in it. That and the fact that it's the only vehicle "Chip Foose" ever signed that he didn't build himself makes it that much more rare.



If he keeps harrasing you then file a police report against him and he'll stop, if he doesn't then you still have all your bases covered to protect yourself.



Good luck !!! :angry::smack::eek:nline::haveabeer:
 
Brian,



Here is my suggestion:



1. Prepare a formal, typed letter stating that you regret that he feels there are issues with the truck that he purchased.



2. Include in the letter any dates of correspondance between you and him after the sale and indicate that those communications were not meant by you as any admission of liability/



3. Include a copy of the bill of sale, and indicate in the cover letter a reminder that the bill of sale indicates an "as-is" sale, "without warranty".



4. Close the cover letter by stating that this is your final correspondence in this matter and that no further communications or inquiries by him will be returned.



5. Have the letter signed by you in front of a notary. ($4)



6. Send the letter, copy of bill of sale, to the buyer via registered, return-receipt mail. (a couple of bucks).



Then, it's probably done. Around $5 or $6 bucks and a little of your time, and I believe you essentially call his bluff.



If he contacts you again in the interim, just ask him to please wait for your US mail that will provide your final communication on this matter.



TJR
 
Ditto TJR. The reasonable, adult response. I make sure whenever I sell a car, that I slip into the conversation that my wife is the office manager for one of the most respected law firms in town! Probably helps as I have never had any call backs!
 
IMHO, contact his superiors and let them know what is going on. The last thing you want is a cop with a grudge pulling you over and harassing you.



Tell his boss what happened and that you will contact him again should any harassment start.



Crappy situation, but you are not powerless.
 
I'm a Cop, mention to him you will go to his (be specific) Internal Affairs because he is using his position as a law enforcement officer to harrass you into giving him money for an as-is sale. I GUARANTEE you he will go away. But it is on You to make the complaint. If he pulls you over later you have him by the balls.
 
This just happened on one of the TV court shows. The plaintiff lost. Albeit, they feature drama, but it's a buyer beware situation. The engine could have blown up the next day and it would tough s--t for him. Do what TJR said, then don't worry about it.



Gary D.
 
Brian, get some sleep. He is having buyers remorse. As is, is just what it means. This would only go to small claims if at all. The judge will throw it out. You have the documents. You didnt lie about anything. You are not a certified ASE mechanic.



He is abuseing his badge with his remorse. I would do as Copst sujested.But it is on You to make the complaint. If he pulls you over later you have him by the balls.
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Maybe one last email response about what he signed. Only If he emails you first. He drove it looked it over and signed the papers. It is on him. A judge will tell him. He should have spent the $80 to $100 for a profesional inspector.



I have a feeling he has abused his badge before. Never has been called on it. Might be time he gets something filed in his personel file.



I dont hate cops. But they put their pants on just as we do...Protect and serve not harrass...
 
At almost 150,000 miles, most used cars being sold are not perfect. I think he's just trolling, hoping to get an extra refund.



Heck, I have a ST that didn't come with a perfect transmission and that had tie rod go bad at 15,000 miles. That's a new truck. They TSB'd the tranny and fixed the tie rod only because it was under warranty.



As is, with no warranty...it's his truck as soon as he takes possession....IMO
 
This:

[quote='07 ST]At almost 150,000 miles, most used cars being sold are not perfect. I think he's just trolling, hoping to get an extra refund.[/quote]



Don't worry about it. You didn't imply any warranty or agree to any repairs. He could've had his mechanic look at it first and didn't. I bought a Jeep for my daughter with 143k on it so you're damn right I had it checked out. Bad front axle shaft u-joints. I tell that to the used car lot, they knocked $200 off and said if bought the parts they'd put them on for free. Deal. :haveabeer:



I'm in business. Occasionally people threaten to sue me. I tell them to bring it and if they happen to be in my office, I'll flick a business card at their face and tell them to give it to their lawyer. After 16 years I ain't had any calls from lawyers yet.



Regarding LEO's. Over ten years ago I was between marriages and dated the sheriff's daughter for a while. He lived on my street and I knew him. Me and her fizzled kinda fast and she dropped me for a cop a few towns over who had a lot of money. Now I don't know why he had a lot of money, but I digress. No biggie, heck, I was trying to figure out how to pay for my divorce so I didn't have a lot of money. If a rich boyfriend is what you're looking for, I ain't your guy. I have some friends in the law enforcement community, shall we say. A few months later I hear through the grapevine that this cop wants to "get me", for what I dunno. Long story short, I get the sheriff's office direct number programmed in my cell phone real quick and if I ever see flashing lights in my mirror in this cop's town, that's the first call I'm making before anybody is getting my driver's license or my window is even coming down. Nothing ever came of it, maybe word got back to the cop to take a chill pill, but I'm the type that if you (bleep) with me, I'm going to (bleep) with you back twice as hard.
 
I really appreciate all the responses. I did not sell the vehicle knowingly with the problems he says it has. I will write him a letter just as TJR said too. thanks guys. I loved my ST and this sucks, But im sure it will all be over soon.
 

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