Can I Be Sued?

[25GTV]

Hey guys,

I sold a motor a few months ago. It was comp tested and was running great.

I sold the motor as a long motor.

I got a message 2 months later saying the motor has been pulled apart and is stuffed.

He said he is going to sue me.

I didnt even provide a receipt.

He has my name and bank details, my phone number and a few txt messages saying that the motor is in good running condition.

Apart from that he just has the motor in pieces and letters from a mechanic saying the motor is no good.

Can he sue me? Should I be worried? Do I need to contact my own lawyer?

Im in NSW and the motor went to S.A. Who do I contact for more info on how these situations are handled? Fair trading?

Any info is much appreciated guys.

[nomnomv8]

God knows what he could have done in the 2 months of owning the motor, as far as your concerned its none of your problem.

I would not bother doing anything or worrying about it the slightest

[warps]

If he can prove he took the same motor you sent him, and without doing anything else to it, he stripped it and found it to be obviously faulty, then there may be a case. If he had it for 2 months, how can he prove that he hasn't destroyed it himself? just because a mechanic can confirm that it is indeed faulty doesn't mean that it was that way when he received it.

Maybe if it's full of rust (or some other fault that is unlikely to have occurred in a 2 month period), he may have a way to prove that the motor was faulty when he got it. Otherwise, what's to say he didn't cause the damage himself?

[25GTV]

Thing is it was running in my car 2 weeks before it was posted. I can't see how it could be rusty. He doesn't even have a receipt saying the engine number. I don't think I have to provide warranty for a private sale do I?

[blind_elk]

These transactions have a "concrete warranty" - the one that states that "once it's off my concrete, what warranty?"

I think the dude has very little chance of being at all successful in his pursuit of you over this. As stated, who knows what happened to the engeine during the 2 months in question.

[pistol-pete]

unless you hear from his lawyer, tell him to suck it up and f**k off

[warps]

Private sales of cars and car related gear don't come under any sort of consumer code of practice / trade practices act etc., so you're not bound to offer any warranty. My comment on it being rusty was the only way I could think of him being able to prove you've sold hi a dud which could not possibly have been operational at the time of sale (ie it has been sitting in the weather for the last 10 years, has rusted up and you're passing it off as a running engine). Not suggesting that this is what happened - it was the only way I could think of that he might have any proof of what condition the engine was in 2 months ago.

Apart from that, I'd say his case is extremely slim.

If he hasn't got a receipt (or any other communication ) with the engine number on it, then how can he even prove it was your engine?

[25GTV]

Yeah this is what I'm hoping. It's stressful but I'm almost sure nothing will happen. He has access to a free lawyer so he is keen to take it as far as he can.

Honestly I can't see how a judge would even look at the case if there is no receipt and no proof that the engine he has is the same one I sold him.

Thanks for the input guys!

Edited May 27, 2012 by 25GTV

[Longz]

don't worry about it at all , 2 months ? lol @ that

P.S if u watch the simpsons ... remember when homer buys a trampoline of krusty and then returns it ?

Do what krusty did lol

Edited May 27, 2012 by Longz

[Munkyb0y]

Once i sold a 4x4 to a guy in melbourne. It was running fine. He got it picked up by a transporter truck here in Sydney and taken down to him.

A few weeks later i got a fine in the mail from victoria, so i called him to find out why he hadnt transferred rego into his name yet.

He told me, he'd fix it up, and by the way.... the engine blew up. We both laughed, and life went on.

[samuri]

Let the buyer beware, is a common thread running through the law of contract.

In this private sale of a car its bad luck for the buyer. As was stated earlier the laws that apply to retal sales dont apply to a private sale.

Ignore all further communication other wise you will stress yourself out un-necessarliy.

[Birds]

As said he has nothing to stand on, what matters is what you can prove and there's a difference between pulling apart an engine the day after you buy it and 2 months down the track.

All this court talk is horse shit too, the proper avenue is VCAT or the state equivalent over minor claims like this. lol @ even getting a lawyer involved over less than 5k worth of damages.

[scarf]

Most importantly he had it pulled apart.

if you purchased a laptop or any item and pulled it apart and then called the seller and told them it was stuffed what would they say?

[mad082]

take a picture of an empty box, send it to him with a message saying "this is all the f**ks i give....."

[Birds]

Better yet, tell him that if he was hanging by one arm from the edge of a cliff, and you were standing on top...and you had an overflowing pocket full of f**ks...you wouldn't give him one.

[Ziller]

There's not a lot of information to go off here, I'm interested in what findings were made in the engine report for starters and the circumstances leading up to it.

Depends, If you advetised an engine that was in a certain condition and he can provide enough evidence that it did not live up to the condition as advertised he can make a case of it.

[mad082]

There's not a lot of information to go off here, I'm interested in what findings were made in the engine report for starters and the circumstances leading up to it.

Depends, If you advetised an engine that was in a certain condition and he can provide enough evidence that it did not live up to the condition as advertised he can make a case of it.

but then he also has to prove that you knew that there was an issue with it and you falsely advertised it.

[Ziller]

but then he also has to prove that you knew that there was an issue with it and you falsely advertised it.

For all I know the buyer of the engine could have thrashed the guts out of it.

I've found in the courts that ignorance is not bliss, if you have advertised a product and its found not in the condition as advertised, with the right evidence they can make the seller accountable for it.

Who knows with this one, like I said not enough info and only one side of the story.

More than likely nothing will come of this.

[MrStabby]

Pretty sure he can take you to court, but based on what you've said there's no way he'll win. Its probably not worth discussing it with him either because you may accidentally say something that harms your case. Its unlikely he's stupid enough to take it to court, and he's just trying to get money out of you. Just say the motor was running fine when you sold it and you have nothing more to say. If required, let him know he cant harass you with the phone (Telecommunications Act).

"Improper use of telecommunications services

"85ZE. A person shall not knowingly or recklessly:

(a) use a telecommunications service supplied by a carrier to menace or

harass another person; or

(b) use a telecommunications service supplied by a carrier in such a way as

would be regarded by reasonable persons as being, in all the circumstances,

offensive.

Penalty: Imprisonment for 1 year."

[Adriano]

_{I think that the fact that he text'd you says it all}