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Samuel-II
Samuel-II, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27009
Experience:  Practice of law for 20 years
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My wife sold an old 1991 Cadillac that she inherited years ago to a pr

Customer Question

My wife sold an old 1991 Cadillac that she inherited years ago to a private buyer. It has been sitting in a garage for several years, not being driven.
The buyer called back to say that it failed emissions here in Colorado and wants her to pay for repairs to get it to pass.
Colorado law says the seller is required to provide title, bill of sale and emissions certification at the time of sale (we didn't know this at the time of sale).
The buyer paid cash, took title and bill of sale, which clearly states "as is".
Poking around on the internet, I see some people state that my wife is liable for repairs (or refund), while others state that, once the buyer takes title/bill of sale, the car and emissions problems are his; that he should have required my wife to provide emissions certification prior to purchase.
I think this is unclear. What if the buyer, like my wife, garaged the car for several years. Could he then come back and demand that she pay for repairs? After one yea
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Samuel-II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.As a matter of consumer protection law, it is up to the Seller to provide a clean emissions before sale. However, if that could not be provided, then it should have been noted to the buyer and that would have been indicative of a problem within the car. The buyer would have then had all the facts as to what possibly could be wrong with the vehicle that is being sold "as is"At this time, the buyer can sue your wife for the cost of the repairs so that the vehicle passes emissions. Now, if your wife told the buyer the vehicle would not pass emissions, it needed work and the price reflects what that cost will be to the new owner, then it is his cost to bear.The Statute of Limitations to file a lawsuit of this nature is 3 years from the date of the purchase.
Expert:  Samuel-II replied 1 year ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you