My brother sold a car, the release of liability and title was signed and turned into DMV. The potential repairs and cosmetic work were discussed with the buyer briefly. The next day, the buyer came back stating that the mechanic said it was "illegal" to drive "due to safety reasons" Now he wants my brother to pay HALF of the repair expenses. He threatened that if we don't pay half, he will bring in lawyer into this case. What can we do in this case?

pay the man his money

Don't be intimidated by his threat of bringing in a lawyer. The fact that he even said that makes it even less likely that there will ever be a lawyer involved.

Your biggest worry should be him driving the vehicle you sold him and sustaining a serious injury that could've been prevented had you not been negligent. But since he already told you that a mechanic has deemed the vehicle "illegal to drive", that likely means he needed documentation from a mechanic to complete his registration with the DMV and he was unable to obtain that. So if he gets in an accident in that scenario, suddenly it could no longer be your fault, it could only be his.

If I were you, I would simply be nice and tell him you're not going to cover the repairs because you had already discussed the potential for necessary repairs prior to selling the vehicle. You made no attempt to conceal any potential defects and it's not your problem. Caveat emptor and all that.

If he doesn't get a lawyer involved, you only have his ire to worry about. If he does get a lawyer involved, you'll probably just get served some papers from the lawyer and if it comes to that, depending on the cost, only then should you even consider paying him. And even then maybe you shouldn't.

I would laugh. Mechanics are giving legal advice now? I'll let the real lawyers chime in but I believe a seller has no legal responsiblity as to the mechanical operation of a used car.

Also as an aside, a pet peeve I have is people who request legal advice but fail to post the freaking state/country they live in. /grouchy old man

Did the bill of sale say "as is" ?

So much of this depends on what was said --including what was implied -- as well as where this all happened.

Lawyers will not be getting involved as someone buying a used car doesn't have the money to sink into legal fees in a -EV situation out of spite and ego. Depending on the amount of money involved a small claims issue might develop since lawyers are not needed and the amount is almost certainly small enough that small claims will be sufficient.

It depends on a lot but worst case will always be your brother giving a refund and taking back possession of the car.

Well, the man claims my brother "pulled a fast one" one on him. He claims that money is not an issue and that he owns a successful business. He said he has to stand up for himself in the name of fair business trade.

The only reason why he is complaining was because the cost to repair things where much more than what he had anticipated and wants to blame my brother.

The bill of sale did not state "as is"
Does it need to be?

I am from California.

Yes, standard when selling a used car. All dealers do it, and any private sale absolutely must, it's even more important. Some state laws may vary, but in mine that is binding. The buyer must inspect before buying.

Too late now.

Well, I'm pretty sure it's assumed "as it" (hence the term, "buyer beware") unless stated otherwise, but this is the #1 thing you have to check out. I mean, you did not say you were selling a car that you guarantee to be drivable, did you? People sell cars for parts or just to get rid of them, with no guarantees. If you took it to civil court "with a lawyer" I'm pretty sure you're in the clear--the onus is on the buyer to make sure the car is good.

Just my thoughts,
M

Anyone else think there are a lot of parallels between this guy wanting half the repair bill, and people at live poker who want part of the pot back when they see they got it in bad?

In order for paying him half the repair bill to be neutral EV, every person you ever buy a used car from for the rest of your life has to be willing to foot half the repair bill should it turn out there are necessary repairs on your end. That's not happening.

I think it's very unlikely the guy asking for half the repair bill would even be willing to do the same for you, just like all those Sammy Farhas in the casinos who ask for part of the pot back when they know they'll never do the same for anybody else as long as they live.

No, because it depends on the terms of the sale. You can't sell lemon's unless you wave that by saying the car is 'as is'. By selling a car without this, you're at the very least, implying the car is road worthy, thus you get a premium on your sale. You can't have it both ways.

The California Lemon Law applies to vehicles:

-In the first eighteen (18) months or first eighteen thousand (18,000) miles, after vehicle delivery
-Repaired for serious safety problem at least two (2) times
-Required repairs four (4) or more times for the same problem
-Out of service for a cumulative total of thirty (30) or more days

Tell the dude to pound sand.

I don't know anything, but if he can't drive it couldn't the first repair count as a serious safety problem with another to follow shortly?

Now he said there is a law for refund within 72 hours of purchased if vehicle was inspected and deemed unsafe to be on road. He insist on keeping the vehicle if I pay a small portion of the cost.

Lemon laws generally apply to New vehicle sales, not used.

If he is claiming a 3-day right of rescission, I'd ask him to provide a copy of the statute. Those laws generally apply to transactions that take place within the home (like a vacuum cleaner or water softener) or to a refinance/HELOC against your primary residence.

bwana devil is right there is most likely a state law on this, without the state you are nto going to get good advice here

edit, now i see you added the state. maybe someone will know.