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Loren, Attorney
Category: Legal
Satisfied Customers: 28555
Experience:  30 years experience representing clients.
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I live in Florida and I have a question about small claims

Customer Question

I live in Florida and I have a question about small claims court process. The background is I sold a used car in a private party transaction over .2 months ago to a 22 year old man. A few days ago I relieved a voicemail from a person claiming to be the father of the person I sold the car to demanding I return to him ( not his son) the purchase price of the car because he felt it was a piece of junk. He told me in a voicemail that he has purchased the car from his son. The car being sold was a 1995 Camaro with over 100,000 miles and it had a rebuilt title from a prior accident. He has been harassing me with multiple phone calls and he is threatening to take me to small claims court for the return of the purchase price. I have a few questions.
1) will the courts accept a small claims petition from the father suing me for the return of the purchase price?
2) since he claims he has purchased the car can his son sue me for over a car he no longer owns?
Submitted: 3 months ago.
Category: Legal
Expert:  Loren replied 3 months ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

1. No, a father may not sue on behalf of his son, or anyone else. Only the person who you sold the car to would have standing to sue you for any claim stemming from the transaction. Hopefully, you sold it as-is.

2. His recourse is to sue his son, if he has purchased it from him. You have no privity of contract with the father.

Expert:  Loren replied 3 months ago.

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