Sold a car as is and now the buyer saying they are having issues?
Ok I sold a car like also 3 months ago to a neighbor and the car didn’t have any issues other than a small transmission leak but gotten it fixed before I sold it. So now the buyer text me and said she is having problems with a transmission shift whatever that is, so the thing is I sold her the car as is and gotten her to sign it, can she take me to court and win cause I have talked to a lawyer and he said she couldn’t. I feel horrible about it but I just wanted to know should I worry about that. My husband said not to worry but I don’t know.
- David 14Lv 73 years ago
The car isn't yours. No longer your problem.
- SlickterpLv 73 years ago
That's too bad for them. She bought a used car, used cars have issues. You can even show you had work done, and she signed something stating as is.
- STEVEN FLv 73 years ago
In nearly all cases, private sales of used cars are legally considered 'as is' with the buy responsible for all defect unless otherwise indicated in a written contract.
I have heard California holds the seller liable for ensuring the car passes an emissions test, but that has noting to do with the transmission.
The one argument she could ATTEMPT to make is that you actually knew of a problem and LIED about it.
I wonder why you think anyone here can give a better answer than the lawyer you say you consulted.
Note: Fried Kitten's first 2 paragraphs are DEAD WRONG. As long as the seller doesn't make false statements, and the buyer is permitted to inspect the vehicle, even if they chose not to do so, it is actually 100% legal to sell a piece of junk.
- Little PrincessLv 73 years ago
When someone buys a used car, they should have it looked over by a mechanic. Your neighbor needs to go back to that mechanic and find out why they gave them a bad report of the condition of the car. Your neighbor does not have a legitimate claim against you.
Your neighbor might still attempt to sue you. There's not really anything you can do to prevent that. If they do, they won't win.
The only exception to this is if you committed fraud when you sold it. This would be if you knew something was wrong with the car and claimed that there wasn't anything wrong with it or took action to hide or conceal problems with it. As long as you didn't do anything like that, then you shouldn't be at risk of losing a law suit.
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- babyboomer1001Lv 73 years ago
Don't worry and do not entertain the neighbor's stupidity. She bought the car used. She chose to forego having a mechanic look at it beforehand so she took on all risks. If she sues you, she won't win. Stick to your story - the car worked fine when you owned it and she bought it "as is" and she declined to have a mechanic look at it.Source(s): Certified Paralegal, with 25+ years' experience.
- JoeLv 73 years ago
Most or all states, private party sales are assumed "as is". If you put "as is" in the bill of sale, you're doubly protected. Without an expressed warranty, she doesn't have a leg to stand on, in court.
Don't worry. But don't lose your copy of the bill of sale.
- YetiLv 73 years ago
Used vehicles generally are sold as-is. That's why it's strongly advised for people to hire a mechanic to do a pre-purchase inspection before buying.
The buyer is entitled to money back only if you somehow tricked or deceived them, like if you knew a hose had a leak and you just put tape on it to cover it up long enough to make a sale.
- Uncle PennybagsLv 73 years ago
You can never predict when a car will have mechanical issues. You sold a car in "as is" condition and you even addressed an issue before you sold it.
Now 3 months and presumably 2 or 3,000 miles have gone by and an issue has developed. How were you supposed to know that?
Yes, she can sue you, but unless you gave her any kind of warranty or guarantee, no honest judge will rule in her favor.
- Nekkid Truth!Lv 73 years ago
Unless you gave her a warranty.. Used cars are sold "as is"..
Besides, she had it for 3 months now.
- EdWinterLv 73 years ago
I don't believe you need to worry about this. When you sold the car "as-is", the condition of the car became the responsibility of the new owner. I believe your lawyer is correct, and so is your husband. Maybe you can do something nice for your neighbor, but you don't actually owe her anything.
Cars are very complicated things anymore, and you never know when a component might fail, even on a new car. This is just the world we live in.