(Closed) Need legal advice please! Small claims issue

posted 6 years ago in Legal
Post # 3
Member
5956 posts
Bee Keeper
  • Wedding: April 2018

I honestly can’t imagine a lawyer wasting his time on a $2,000 dispute that would certainly land in small claims court.  If it were me, I would stop taking the calls and see what he does, worse case scenaro, you land in court and have to show your side of things.

Post # 4
Member
5177 posts
Bee Keeper
  • Wedding: January 2010

Hm, I would be surprised his lawyer called you. No way would I call someone demanding money for a client. I write a letter on letterhead. Otherwise just seems shady, an easy way to get your butt in hot water, and lacks a paper trail!

I can’t give you legal advice (or even opinion) on the validity of his potential claim as it depends on the law where you are (in particular any law respecting sale of goods). Here, unless you have provided a warranty or representation of some sort that the engine was new or something else similar, someone would probably have a hard time claiming you are liable for damages later since it was sold used (unless you covered something up or warrantied it). 

I would probably, in your shoes, let him file a claim if that is what he is going to do and deal with it then. 

 

Post # 5
Member
1245 posts
Bumble bee
  • Wedding: August 2013

I believe (I’m no lawyer, mind you!) if he was over the age of 18, and there was no guarantee , then it is ‘as is’ sale. He should have got it checked out before purchase, hence the quote “buyer beware”

Post # 6
Member
6 posts
Newbee
  • Wedding: May 2013

I’m an attorney, but I can’t offer you legal advice on this forum. I recommend that you go on avvo.com. It’s free and there are a ton of attorneys there who can help. Each issue has a lot of things that require information, and there isn’t much we can tell you without knowing a little bit more. 

I agree generally with RayKay that you may be in hot water if you made some representation as to the condition of the vehicle, or a warranty to the vehicle. It also depends on the jurisdiction you are under. It seems you are in Canada? And your buyer is in the U.S.? If you are both Canadians, I’m not sure what the law is over there, although I believe it may be similar. 

I’d say a good bet is to try avvo.com, unless you want to hire local counsel. My answer will always be, hiring local counsel to cover your bases is the best way to go.

 

Good luck to you! 

Post # 7
Member
6 posts
Newbee
  • Wedding: May 2013

I’m an attorney, but I can’t offer you legal advice on this forum. I recommend that you go on avvo.com. It’s free and there are a ton of attorneys there who can help. Each issue has a lot of things that require information, and there isn’t much we can tell you without knowing a little bit more. 

I agree generally with RayKay that you may be in hot water if you made some representation as to the condition of the vehicle, or a warranty to the vehicle. It also depends on the jurisdiction you are under. It seems you are in Canada? And your buyer is in the U.S.? If you are both Canadians, I’m not sure what the law is over there, although I believe it may be similar. 

I’d say a good bet is to try avvo.com, unless you want to hire local counsel. My answer will always be, hiring local counsel to cover your bases is the best way to go.

 

Good luck to you! 

Post # 8
Member
3625 posts
Sugar bee
  • Wedding: June 2012

@kjo:  I’m not an attorney either, but what did you put in your ad and what did you represent to him? If you specifically said “As is”, then I don’t think he really has much of a case. Like PP, I doubt that his real attorney called and would be willing to hassle you all the way to court for $2k, considering how much most attorneys (even newly minted ones) charge per hour. Everything that his attorney does, including letters, phone calls, and meetings will be charged to the client. Further, if it is small claims court, his attorney can’t represent him there anyway.

Post # 9
Member
3625 posts
Sugar bee
  • Wedding: June 2012

 

Duplicate Post.

Post # 10
Member
4803 posts
Honey bee
  • Wedding: September 2011

Sounds like bullshit to me, I bet the lawyer was a buddy pretending to be a lawyer. Sounds like he bought something, almost immediately wrecked it, and now wants you to pay for him. But unfortunately for him, you’re not a retail store! He has no proof of purchase, no guarantee or warranty, so he’s out of luck. Since he wants to  pull the court crap, if he contacts you again I’d tell him he tested it beforehand and purchased as is and you’re sorry but you are no longer discussing it, particularly since he has threatened you legally, and that any further contact will be taken as harassment. I’d be shocked if he actually follows through with any legal action.

Post # 11
Member
3182 posts
Sugar bee
  • Wedding: May 2012

Like PP posters have mentioned, there is obviously a different standard for retail sellers and people like you as far as warranties go. Generally speaking, without knowing the specifics laws and facts, it seems unlikely that you would be found liable unless you knew there was an issue with the engine and told him it was in great shape. Or something along those lines. 

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