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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  Licensed to Practice Law
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I am a used car dealer in Georgia. A customer wants to take

Resolved Question:

I am a used car dealer in Georgia. A customer wants to take me court for a repair after the sale. I had him sign a as is form. Will a judge side with him or with me.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

VAMD, Esq. :

The judge would rule in your favor unless you misrepresented the condition of the car.

VAMD, Esq. :

If you did not misrepresent the condition of the car, then you should win because the sale was "as is," which means that the buyer accepted the car with all known and unknown defects.

VAMD, Esq. :

But if you made a comment like "the engine is in excellent condition," and then it turns out that the engine needs repair work, then you may lose the lawsuit.

VAMD, Esq. :

Typically, these cases are "he said/she said," and it depends on what the judge believes after hearing each of you. But, I have seen occasions when a seller's advertisement backfires. For example, if the advertisement for the car states something about it's condition, then that could be used against you.

VAMD, Esq. :

Does that answer your question?

Customer:

He is saying that i represented the car in excellent condition. An hour after he took delivery the check engine light came on. He took it to a Mini dealership that said it was a costly repair. He lives out of state and has taken the car to another repair shop that says it now needs an engine. He is trying to make me pay for half of the repair which is $2000.00 for my share. When he have machined the head for $800.00. He is trying to make the car new and have me pay for half of it.

VAMD, Esq. :

Well, if you can prove that he could have paid just $800 for an adequate repair, then that is certainly a viable defense to paying for the entire engine to be repaired.

VAMD, Esq. :

On the other hand, half of $2000 is $1000, and $1000 is just $200 more than $800, which is what you would have to pay if the buyer proves that you misrepresented the condition of the car and if you then prove that the car could be repaired for $800.

VAMD, Esq. :

For $200, you may want to avoid court and make the customer happy.

VAMD, Esq. :

If I were you, I'd likely pay the $1000 in return for a written release of liability for any further repairs.

VAMD, Esq. :

That assumes, of course, that you believe that you did misrepresent the condition of the car.

VAMD, Esq. :

If you did not misrepresent the condition, then you may want to fight this in court.

Customer:

If the judge side with him could he have me pay for the entire repair? Right now the customer wants to split the repair. He says if it goes to court he will ask for the entire amount is that fair?

VAMD, Esq. :

Yes, if the judge sides with the buyer, then it's possible that the judge could rule that you owe the entire $2000. That would depend on whether you can adequately prove that the $800 repair would have been sufficient instead.

VAMD, Esq. :

If you cannot prove that the $800 repair would have been sufficient, then that is further reason to accept the deal for half right now.

VAMD, Esq. :

But if you accept that deal, then you should require a written and signed document stating that the buyer releases you of any further liability.

VAMD, Esq. :

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!

Customer:

Thank you.

TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9587
Experience: Licensed to Practice Law
TJ, Esq. and 9 other Legal Specialists are ready to help you
Expert:  TJ, Esq. replied 1 year ago.
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Expert:  TJ, Esq. replied 1 year ago.
You are quite welcome. Thank you for using our service! Let me know if you need further clarification. I wish you the best!

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