DoctorUnne
06-18-2009, 12:14 PM
So... I don't normally post shit about my life here, but I had a question that I could use some advice on. It's too late now to do anything about it but more just curious so I know how to deal with it if something like this happens again.
I bought my younger sister a crappy used car several years ago. A few months ago she started complaining about all these problems it was having and how it was basically undrivable on the highway, so eventually I agreed to buy her a new car. As far as I know the old car still functioned, but it was definitely not much more than junk and I'm sure it needed work done (it is a '95 Chevy Lumina). My sister has a good friend (let's call her Shorty) that doesn't make much money and didn't have a car, so she offered to buy it from my sister and we agreed upon a sale price of $600. I don't know too much about cars, but as far as I know that's pretty cheap even for a crappy used car. I didn't mind because Shorty is a good friend of my sister's and I know her pretty well too and like her. And anyway I only paid $3,500 for it myself 4 or 5 years ago. So we did the title transfer and everything and sold her the car "as is."
Over the next couple months Shorty started complaining to my sister that the car needed all this work done to even pass inspection and her dad was going to have to put hundreds of dollars into it just to get it on the road. We felt bad about it, and don't deny that it might be a lemon, but I took the position that we sold it to her dirt cheap and even adding a few hundred dollars it was probably still a better deal than she could get anywhere else (maybe I'm wrong). My sister offered Shorty a refund but Shorty didn't want to because her dad had already done some work on it and she'd already paid the title fee, gotten insurance etc. I was against a refund anyways, since I didn't want to go through the hassle of taking the car back and trying to unload it again. And in my opinion Shorty should have had her dad (who is a mechanic) look at it before agreeing to buy the car, just like I had a mechanic look at my sister's new car first, even though I was buying it from a reputable dealership (it's a couple years old, not brand new).
Eventually Shorty's dad calls my sister himself and starts complaining about all the problems with the car and all the money he's had to put into it and basically tells my sister that she should pay for at least a part of whatever needed to be done. He asked for $325 and said if she paid that then they wouldn't harass her again about it. Now my sister is only 22 and just graduated from college. She is still looking for a job and has no income, so I am supporting her. Shorty and her dad know that my sister can't afford it, but they know I can, which is why he's asking her, and he's definitely strongarming her. He said he took it to another mechanic who said there was this sealant all over the engine (I think) somewhere, which I guess is something that can be done to hide/delay problems with the car.
My sister was intimidated by him and agreed to pay him even though she doesn't have the money, and she calls me very upset since she doesn't know what to do. It's ruining her friendship with Shorty because Shorty thinks she sold her a piece of crap intentionally, even though we made no representation about the condition of the car. The other thing to note is that while Shorty is a nice girl, her dad is psychotic, has been in and out of mental institutions, has sued a lot of people before, and is definitely unstable. I'm sure that had a lot to do with him being able to intimidate my sister. This pissed me off, since I know it's their fault they agreed to buy it without checking it out first (not to mention they declined when my sister offered a full refund). I'm also skeptical about the actual condition of the car, since, while I know it's no Ferrari, my sister was able to drive it still, so it would work to get from point A to point B. And my sister is upset that Shorty brought her father into it rather than coming to my sister herself. My sister said they're only doing this because they know I have money and that I can pay it. It's true I do have the money but I didn't feel like pissing away $325 when for all I know it's a con scheme, which it probably is considering her father's background. I mean I could buy a wizard slave for that.
So I call Shorty's father. He's not being an ass to me on the phone, but he's giving me the whole sob story about how his daughter needs a car and he had to put in a ton of money and labor just to get it to run. I make my points about the fact that we offered a refund and they refused, and that they knew in advance the car was being sold as is and should have taken it to a mechanic. He doesn't dispute any of this, and can tell that I'm not inclined to give him any money, even though I do feel bad about it if what he's saying is true. I offered the refund again, but he refuses since he put a lot of money into it already and like he said, Shorty needs a car. So he says he can get a letter from this other mechanic basically stating that we hid the ball on the car and is going to sue me for fraud unless I give him the money.
Now I'm 99% sure I have no exposure, and normally I would just lulz and hang up, but given what my sister's said about Shorty's father I'm worried he actually will sue me. And even if I win, I'll have to find a lawyer, go to court, pay all the legal fees, etc. (although if I win does he pay the legal fees?) and I REALLY don't need that kind of hassle right now. I also just spent months dealing with lawyers negotiating my mother's divorce settlement, so I know how much of a PITA legal problems can be. Also, like I said, I'm sure the car is crap and needed work, and I do feel bad about their situation since I know they don't have money. And I like Shorty, and don't want my sister's friendship to be ruined over this. So I'm like whatever I just won't buy a bottle at Pink Elephant this weekend, and I offer to pay them $250 on the condition that I get something in writing from Shorty saying they won't come after us for more money, which her dad agrees to.
So anyway, sorry for the long post, and I'm sure I got taken like a retard, but it seemed like the prudent thing to do given that I was worried about the risk of him actually acting on the legal route. My question for you lawyers is, what was my risk, assuming he could get this letter and wanted to go on a mission to make my life hell?
Gracias
I bought my younger sister a crappy used car several years ago. A few months ago she started complaining about all these problems it was having and how it was basically undrivable on the highway, so eventually I agreed to buy her a new car. As far as I know the old car still functioned, but it was definitely not much more than junk and I'm sure it needed work done (it is a '95 Chevy Lumina). My sister has a good friend (let's call her Shorty) that doesn't make much money and didn't have a car, so she offered to buy it from my sister and we agreed upon a sale price of $600. I don't know too much about cars, but as far as I know that's pretty cheap even for a crappy used car. I didn't mind because Shorty is a good friend of my sister's and I know her pretty well too and like her. And anyway I only paid $3,500 for it myself 4 or 5 years ago. So we did the title transfer and everything and sold her the car "as is."
Over the next couple months Shorty started complaining to my sister that the car needed all this work done to even pass inspection and her dad was going to have to put hundreds of dollars into it just to get it on the road. We felt bad about it, and don't deny that it might be a lemon, but I took the position that we sold it to her dirt cheap and even adding a few hundred dollars it was probably still a better deal than she could get anywhere else (maybe I'm wrong). My sister offered Shorty a refund but Shorty didn't want to because her dad had already done some work on it and she'd already paid the title fee, gotten insurance etc. I was against a refund anyways, since I didn't want to go through the hassle of taking the car back and trying to unload it again. And in my opinion Shorty should have had her dad (who is a mechanic) look at it before agreeing to buy the car, just like I had a mechanic look at my sister's new car first, even though I was buying it from a reputable dealership (it's a couple years old, not brand new).
Eventually Shorty's dad calls my sister himself and starts complaining about all the problems with the car and all the money he's had to put into it and basically tells my sister that she should pay for at least a part of whatever needed to be done. He asked for $325 and said if she paid that then they wouldn't harass her again about it. Now my sister is only 22 and just graduated from college. She is still looking for a job and has no income, so I am supporting her. Shorty and her dad know that my sister can't afford it, but they know I can, which is why he's asking her, and he's definitely strongarming her. He said he took it to another mechanic who said there was this sealant all over the engine (I think) somewhere, which I guess is something that can be done to hide/delay problems with the car.
My sister was intimidated by him and agreed to pay him even though she doesn't have the money, and she calls me very upset since she doesn't know what to do. It's ruining her friendship with Shorty because Shorty thinks she sold her a piece of crap intentionally, even though we made no representation about the condition of the car. The other thing to note is that while Shorty is a nice girl, her dad is psychotic, has been in and out of mental institutions, has sued a lot of people before, and is definitely unstable. I'm sure that had a lot to do with him being able to intimidate my sister. This pissed me off, since I know it's their fault they agreed to buy it without checking it out first (not to mention they declined when my sister offered a full refund). I'm also skeptical about the actual condition of the car, since, while I know it's no Ferrari, my sister was able to drive it still, so it would work to get from point A to point B. And my sister is upset that Shorty brought her father into it rather than coming to my sister herself. My sister said they're only doing this because they know I have money and that I can pay it. It's true I do have the money but I didn't feel like pissing away $325 when for all I know it's a con scheme, which it probably is considering her father's background. I mean I could buy a wizard slave for that.
So I call Shorty's father. He's not being an ass to me on the phone, but he's giving me the whole sob story about how his daughter needs a car and he had to put in a ton of money and labor just to get it to run. I make my points about the fact that we offered a refund and they refused, and that they knew in advance the car was being sold as is and should have taken it to a mechanic. He doesn't dispute any of this, and can tell that I'm not inclined to give him any money, even though I do feel bad about it if what he's saying is true. I offered the refund again, but he refuses since he put a lot of money into it already and like he said, Shorty needs a car. So he says he can get a letter from this other mechanic basically stating that we hid the ball on the car and is going to sue me for fraud unless I give him the money.
Now I'm 99% sure I have no exposure, and normally I would just lulz and hang up, but given what my sister's said about Shorty's father I'm worried he actually will sue me. And even if I win, I'll have to find a lawyer, go to court, pay all the legal fees, etc. (although if I win does he pay the legal fees?) and I REALLY don't need that kind of hassle right now. I also just spent months dealing with lawyers negotiating my mother's divorce settlement, so I know how much of a PITA legal problems can be. Also, like I said, I'm sure the car is crap and needed work, and I do feel bad about their situation since I know they don't have money. And I like Shorty, and don't want my sister's friendship to be ruined over this. So I'm like whatever I just won't buy a bottle at Pink Elephant this weekend, and I offer to pay them $250 on the condition that I get something in writing from Shorty saying they won't come after us for more money, which her dad agrees to.
So anyway, sorry for the long post, and I'm sure I got taken like a retard, but it seemed like the prudent thing to do given that I was worried about the risk of him actually acting on the legal route. My question for you lawyers is, what was my risk, assuming he could get this letter and wanted to go on a mission to make my life hell?
Gracias