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Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I SOLD A TRUCK TO A GUY IN TEXAS OVER PHONE/INTERNET. for

Customer Question

I SOLD A TRUCK TO A GUY IN TEXAS OVER PHONE/INTERNET. for 7000.00 HE WIRED THE MONEY TO MY ACCOUT. 1 WEEK LATER HE SENT 2 DRIVERS TO COME AND PICK UP THE TRUCK. THEY WERE ON THE PHONE WITH HIM AND THEY checked the truck and said everything is good. they paid me a balance of $500.00 and drive the truck from Chicago to Dallas once the truck arrived in texas the buyer said engine was no good and wants he money back and new wants to sue me for $11,000.00 he is calling and texting me nonstop and send me a letter of intend to sue.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

In order to prevail in his claim against you, he would have to prove that the claimed malfunction was something that you knew or should have known at the time of the sale, and that you concealed or failed to disclose the condition in an attempt to induce him to purchase the vehicle.

Expert:  Roger replied 1 year ago.

If he cannot prove that, then who knows what happened to the vehicle once it left your possession and went to Texas. Also, hopefully, you have some documentation where the people that picked up the vehicle inspected and approved the vehicle's condition before it left your possession.

Expert:  Roger replied 1 year ago.

IF you believe that you are in the right on this and that there was nothing wrong with the vehicle, you certainly have the right to stand your ground......alternatively, you could offer the guy his money back in exchange for the truck.

Customer: replied 1 year ago.
we didn't sign anything the drivers came inspected everything and said everything was good. I have witness that was with me at time of sale.
Customer: replied 1 year ago.
he deposited the money into my business account and I sent him an invoice from my business I have attached the invoice
Expert:  Roger replied 1 year ago.

Ok. Thanks.

The burden of proof is on the buyer to show that you knew or should have known of an issue, or that you concealed a known condition. Generally, that takes the testimony of a mechanic to say what the issue is, how long it has been there, whether or not you should have known, etc.

Customer: replied 1 year ago.
I really had no idea I am not a mechanic and they guys who picked up the truck looked over everything and said everything was ok.
Expert:  Roger replied 1 year ago.

You should be able to stick to that, and if the guy sues, it will be on him to prove that there was an issue with the truck BEFORE his guys took possession --- which could be difficult.

Customer: replied 1 year ago.
he also send me this this morning
Expert:  Roger replied 1 year ago.

The best thing you can do is have your local lawyer write this person back and tell him that you had no knowledge of any issues with the truck at the time of the sale, that he had a right to inspect the vehicle before purchasing it and that he in fact did have his delivery guys inspect the truck, and that if something happened with the vehicle, it occurred after they took possession.

Customer: replied 1 year ago.
I am not sure if this is a real or a fake
Expert:  Roger replied 1 year ago.

It's likely just a bluff to see what reaction you have to it....but a letter from a lawyer will likely put this guy back on his heels.

Customer: replied 1 year ago.
last question if he does decide to sue how would this work ? I need to get the truck? he needs to bring it back ?
would this be a Illinois case or texas
Expert:  Roger replied 1 year ago.

He'd likely have to sue in Illinois because that's the court that will have jurisdiction over you, that's where the transaction took place and that's where the money was received by you.

Expert:  Roger replied 1 year ago.

If he were to sue you in TX, you should have grounds to request that the case be transferred to IL where the case took place.

Customer: replied 1 year ago.
in your opinion this is mostly a bluff he just wants me to give him more money .
Expert:  Roger replied 1 year ago.

That'd be my guess....

Customer: replied 1 year ago.
best thing to do is get a letter from my local lawyer send it to him and see what happens, now if he keeps on calling and sending me messages what steps can I take
Expert:  Roger replied 1 year ago.

Sorry for the delay - I had a hearing to attend.

If your lawyer sends a letter, it should include a provision that directs the buyer to send any response or correspondence to the lawyer -- not you -- which should keep you from having to deal with this person.

Expert:  Roger replied 1 year ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!