What to do if we are being sued over a used car sale?

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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 9 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.


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