Any Advice On A Frivolous Used Car Civil Lawsuit?
Location: Virginia. I sold my used convertible for 10k back in December. Now the buyer is suing me for more than 4 times the cost of the vehicle. He is claiming the convertible stopped working and I knew or should have known it was un repairable. He has service records from the dealer when I had an alignment issue and they said one of the parts they recommended wasn’t available anymore. I took it to a speciality shop and they adjusted the alignment without any issue or the part the dealer said it needed. He is claiming fraud under the VCPA (Va Consumer Protection Act) which allows for treble damages, plus interest and attorneys fees…40K!! The convertible was in good working order at the time of sale, and I have a video of it working when I posted it for sale. He signed a bill of sale stating he could take the vehicle to his own mechanic (he didn’t) and that the vehicle was being sold “as is” I have text messages stating he had done his own research on the vehicle and service records and “all looked good”. I got additional info on his claim which showed his service request at the dealer 6 weeks after he purchased the vehicle with his claim that the top wasn’t working. The service note from the dealer stated the rear divider in the trunk was left in the UP position so the roof wasn’t able to retract. I can’t afford an attorney and need to show up on my own. I don’t even think VCPA applies to private sales only car dealers. I think the whole thing seems like a scam!! Does this guy have a case?
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