How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LADYLAWYER Your Own Question
Category: Legal
Satisfied Customers: 6536
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
Type Your Legal Question Here...
LADYLAWYER is online now
A new question is answered every 9 seconds

I live in S.C. I recently sold a boat on craigslist that stated

This answer was rated:

I live in S.C. I recently sold a boat on craigslist that stated “As Is”. I also wrote up a buyer’s agreement that had the clause that states “that seller is exempt from any liability, by any and all defects in any and all mechanize” and was signed and notarized by me and the buyer. I never used it, it was given to me so I had no idea what the condition was so I bought it cheap. The buyer is now threatening to get a lawyer because the engine doesn’t run right. Does he have a case and could you cite a couple of cases that I can respond to him with?

LADYLAWYER : Hello, Thanks for choosing! I look forward to helping you with legal information today.
LADYLAWYER : Used car sales by private owners aren't covered by the "implied warranties" that dealers must abide by under state law, so the sale will be "as is" unless you have a written agreement otherwise. If a lawsuit is filed, the court will look to the language of the contract for any representations or warranties that may have been made by you. Because you stated in the Bill of Sale that the car was sold "as is", no warranties or representations have been made that would allow the plaintiff to prevail on his claim. The only other way the plaintiff could prevail would be to plead some sort of fraud or inducement surrounding the sale of the vehicle and then prove those claims. I don't know that there will be any case law for what you seek because in order for a case to be available to pull, it has to go up to the appellate court. With a case like this, it never gets past the trial court because it is open and shut based on the contract language. Thus, cases like this are dismissed or decided in favor of the defendant because the contract always controls. And again, unless the plaintiff is claiming you held a gun to his head in order to get him to sign the contract or committed some sort of fraud here, he will not prevail on his claim.
LADYLAWYER : Hi, I see you have been able to view my answer. Can I help you with any follow up questions?
LADYLAWYER and 3 other Legal Specialists are ready to help you