What to do if we are being sued over a used car sale?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we are being sued over a used car sale?
I am 12 and I am just wondering if I have a right. Recently my family sold a car to a man from out of state who paid $20,000. We did nothing to the car and I was the only one home when a hired man took pictures of the car. Before we sold it we hadn’t touched it for years. Now the man is suing us because “it doesn’t look like in the pictures”. So now he has filed a lawsuit for a full refund, lawyer fees, transportation costs, photographer expenses, etc. We are not that rich.
Asked on January 24, 2012 under Business Law, Utah
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, it is hard to give you an opinion as to what to do concerning the car that your family sold to the person who is now suing for a refund of the price paid of $20,000 for the vehicle. Under the laws of all states in this country, the seller of an item is required to disclose all items that would impact the price paid by a willing buyer or impact the desire of a willing buyer to acquire the item. Failure to disclose such material items would be concealment warranting the cancellation of the purchase contract.
The apparent basis for the lawsuit is that the vehicle does not look like the photographs does not seem to be a proper basis for the lawsuit assuming the photographs seen before the purchase were not of the car that was purchased.
I suggest that your family defend itself by filing an answer to the lawsuit in a timely manner. I also suggest consulting with an attorney that practices contracts law might be a good idea.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.