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Car Sale Dispute Guidance
Summary
In Mississippi, private car sales are typically as-is, meaning the buyer accepts the car in its current condition unless stated otherwise. If the buyer inspected, test drove, and acknowledged the cars condition, this strengthens your position. Keep records of all communications and witness accounts. The statute of limitations for a breach of contract is generally 3 years. If sued, the case should be filed where the transaction occurred or where you reside. Legal costs can vary, and hiring a lawyer would cost the buyer money. If you have no assets or income, you might be judgment proof, making collection difficult. Consider consulting a lawyer for personalized advice if legal action is taken.Full Conversation
I sold a car to a guy on facebook marketplace he sent me a text the next day stating he wanted his money back and was going to get his lawyer involved due to me selling him a car not worth *,* dollars
Hey Dale, selling a car through a platform like Facebook Marketplace can sometimes lead to disputes. Here are a few things to consider:
- As-Is Sale: Many private car sales are "as-is," meaning the buyer accepts the car in its current condition.
- Disclosure: If you disclosed any known issues and didn't misrepresent the car, you might have a defense.
- Documentation: Keep records of your communication and the sale terms.
Have you contacted a lawyer to discuss your situation?
- As-Is Sale: Many private car sales are "as-is," meaning the buyer accepts the car in its current condition.
- Disclosure: If you disclosed any known issues and didn't misrepresent the car, you might have a defense.
- Documentation: Keep records of your communication and the sale terms.
Have you contacted a lawyer to discuss your situation?
im the seller
Thanks for sharing the details, Dale. Since you're the seller, did you list the car as an "as-is" sale or include any specific terms in your listing or communication with the buyer? This could be important in understanding your position.
i did not specifically state as is but I was open and honest about all known issues and the guy even test drove and fully inspected the vehicle and then proceeded to drive the car back home which was a * hour drive
Case Rating: *
In Mississippi, private car sales are typically "as-is," unless otherwise stated. Since the buyer inspected, test drove, and drove the car home, this might strengthen your position. Documenting your communication and the buyer's acknowledgment of the car's condition can be helpful.
Do you have any written communication or proof of the buyer's acknowledgment of the car's condition?
In Mississippi, private car sales are typically "as-is," unless otherwise stated. Since the buyer inspected, test drove, and drove the car home, this might strengthen your position. Documenting your communication and the buyer's acknowledgment of the car's condition can be helpful.
Do you have any written communication or proof of the buyer's acknowledgment of the car's condition?
not really it was mainly phone communication but i do have it where he sent me a text when he got home that says I made it home...Appreciate everything
Case Rating: *
It seems like you might have a reasonable position since the buyer acknowledged the car's condition by test driving and sending a text of appreciation. However, maintaining documentation is key.
Have you considered responding to the buyer's lawyer's communication, if any, or exploring mediation?
It seems like you might have a reasonable position since the buyer acknowledged the car's condition by test driving and sending a text of appreciation. However, maintaining documentation is key.
Have you considered responding to the buyer's lawyer's communication, if any, or exploring mediation?
he just said he was going to involve one I haven't received any papers though I'm just checking to see if i had a good strong case just in case
Case Rating: *
It seems you have a reasonable position, especially if the car sale was implicitly "as-is" and the buyer acknowledged the condition. Since there hasn't been any formal communication from a lawyer yet, you may want to wait for further action. Keep all documentation and consider mediation if necessary. If you receive any legal papers, consulting a lawyer would be wise.
It seems you have a reasonable position, especially if the car sale was implicitly "as-is" and the buyer acknowledged the condition. Since there hasn't been any formal communication from a lawyer yet, you may want to wait for further action. Keep all documentation and consider mediation if necessary. If you receive any legal papers, consulting a lawyer would be wise.
i did have my dad as a witness at the sale
Case Rating: *
Having your dad as a witness can be beneficial if the situation escalates. It supports your claim that the buyer was aware of the car's condition. Continue to keep records of all communications and be prepared to respond if you receive any formal legal communication.
Having your dad as a witness can be beneficial if the situation escalates. It supports your claim that the buyer was aware of the car's condition. Continue to keep records of all communications and be prepared to respond if you receive any formal legal communication.
do you think he would try to sue
Case Rating: *
It's difficult to predict if the buyer will actually sue, but based on the information you provided, your position seems reasonable. Since private sales in Mississippi are often "as-is," and the buyer acknowledged the condition, you might have a strong defense. Keep all records and be prepared to consult with a lawyer if necessary.
It's difficult to predict if the buyer will actually sue, but based on the information you provided, your position seems reasonable. Since private sales in Mississippi are often "as-is," and the buyer acknowledged the condition, you might have a strong defense. Keep all records and be prepared to consult with a lawyer if necessary.
am i still in a good position without any texts or anything
Case Rating: *
You seem to be in a reasonable position, especially since Mississippi private sales are generally "as-is." The buyer's test drive and acknowledgment work in your favor. Keep any available documentation and witness accounts. If you receive formal legal communication, consider consulting a lawyer for further guidance.
You seem to be in a reasonable position, especially since Mississippi private sales are generally "as-is." The buyer's test drive and acknowledgment work in your favor. Keep any available documentation and witness accounts. If you receive formal legal communication, consider consulting a lawyer for further guidance.
So lets say he decides to sue me a week after the sale is that still possible
Case Rating: *
Yes, in Mississippi, a buyer can potentially sue after a sale, but your situation seems reasonable given the circumstances. Keep any available evidence and witness testimony ready. If you receive a formal legal complaint, it's advisable to consult with a lawyer to discuss your defense strategy.
Yes, in Mississippi, a buyer can potentially sue after a sale, but your situation seems reasonable given the circumstances. Keep any available evidence and witness testimony ready. If you receive a formal legal complaint, it's advisable to consult with a lawyer to discuss your defense strategy.
Like is there a certain time point to where they can not sue
Case Rating: *
In Mississippi, the statute of limitations for a breach of contract, which might apply in a car sale dispute, is generally 3 years. This means a lawsuit can be filed within 3 years from the date of the alleged breach. It's crucial to maintain any documentation and witness testimony to support your defense.
In Mississippi, the statute of limitations for a breach of contract, which might apply in a car sale dispute, is generally 3 years. This means a lawsuit can be filed within 3 years from the date of the alleged breach. It's crucial to maintain any documentation and witness testimony to support your defense.
Okay what if they are suing me but i don't own or have any money or a job
Case Rating: *
If you're sued but have no assets, money, or job, this is often referred to as being "judgment proof." Even if a court rules against you, the collection of money may be difficult for the plaintiff. However, it's important to respond to any lawsuit filed against you. Consider seeking legal advice to understand your rights and obligations.
If you're sued but have no assets, money, or job, this is often referred to as being "judgment proof." Even if a court rules against you, the collection of money may be difficult for the plaintiff. However, it's important to respond to any lawsuit filed against you. Consider seeking legal advice to understand your rights and obligations.
if the guy was to sue would he have to go to the court where the sale took place
Case Rating: *
In Mississippi, the lawsuit generally should be filed in the jurisdiction where the defendant (you) resides or where the transaction occurred. However, specific circumstances might affect this, so if sued, consulting a lawyer is advisable to understand your situation better.
In Mississippi, the lawsuit generally should be filed in the jurisdiction where the defendant (you) resides or where the transaction occurred. However, specific circumstances might affect this, so if sued, consulting a lawyer is advisable to understand your situation better.
so would hiring a lawyer cost him money
Case Rating: *
Yes, hiring a lawyer would generally cost the buyer money. Legal fees can vary depending on the lawyer and the complexity of the case. Most lawyers charge by the hour, but some might work on a flat fee or contingency basis, depending on the case.
Yes, hiring a lawyer would generally cost the buyer money. Legal fees can vary depending on the lawyer and the complexity of the case. Most lawyers charge by the hour, but some might work on a flat fee or contingency basis, depending on the case.
how much would a case like this cost in ms
Case Rating: *
Legal costs can vary widely in Mississippi based on the lawyer's experience and case complexity. For a car sale dispute, expect to pay an hourly rate between $* to $*. Some lawyers may offer flat fees or work on contingency. Consulting with a lawyer can provide a more accurate estimate.
Legal costs can vary widely in Mississippi based on the lawyer's experience and case complexity. For a car sale dispute, expect to pay an hourly rate between $* to $*. Some lawyers may offer flat fees or work on contingency. Consulting with a lawyer can provide a more accurate estimate.
so at the end of the case what is the total
Case Rating: *
The total cost of a legal case can vary widely due to factors such as the length of the case, the lawyer's hourly rate, and any additional fees for filing or expert witnesses. For a car sale dispute in Mississippi, you might expect costs ranging from a few hundred to several thousand dollars, depending on these factors. Consulting with a lawyer can provide a more precise estimate based on the specifics of your case.
The total cost of a legal case can vary widely due to factors such as the length of the case, the lawyer's hourly rate, and any additional fees for filing or expert witnesses. For a car sale dispute in Mississippi, you might expect costs ranging from a few hundred to several thousand dollars, depending on these factors. Consulting with a lawyer can provide a more precise estimate based on the specifics of your case.
how many hours does it normally take for a case like this
Case Rating: *
For a car sale dispute in Mississippi, the duration can vary greatly depending on complexity, cooperation between parties, and court scheduling. It could take anywhere from a few hours for mediation to several months if it goes to trial. Consulting a lawyer can provide a more specific timeline based on your case.
For a car sale dispute in Mississippi, the duration can vary greatly depending on complexity, cooperation between parties, and court scheduling. It could take anywhere from a few hours for mediation to several months if it goes to trial. Consulting a lawyer can provide a more specific timeline based on your case.
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