A lot of stress was lifted from our shoulders today, thankfully.
This morning we had our court date, and let me tell you it was pretty quick. Got in at 8:32, out by 8:50. The plaintiff presented her case, in which she said that we hadn’t disclosed an airbag light that was on the dash, and that the check engine light code we told them about was false information because it actually turned out to be another issue. Said the vehicle had more rust than they originally knew about, and that they hadn’t driven it because a mechanic told them it was unsafe to drive.
We presented our defense, clearly stating they had the opportunity to have the vehicle checked by a mechanic, but chose to take our word for it; and that we brought all known faults to their attention prior to selling them the vehicle. Anything they found after they took ownership wasn’t our issue anymore, they had all chances to make a proper decision prior. We brought up the FTC’s Private Sale guide stating that all cars sold from private party to private party are “as-is” unless otherwise stated. We neither expressed nor implied any warranties.
Long story short, the Magistrate dismissed the case with prejudice to the Plaintiff because NC is a “Buyer Beware State” and the buyer should have done all in their power to make an informed decision before purchasing the vehicle. They have 10 days to appeal, but I doubt that’s gonna happen.
Thanks to everyone that commented and gave my wife and I more information on the original post. It sure helped!
TL;DR: Magistrate heard the case, dismissed it because the buyer should have done more to inspect the vehicle.
Written By: daDude42
Source: http://bit.ly/2GpcXzM
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