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Question

is it true that calif law is buyer beware. what are the sellers rights regarding an as is sell of a vech?

Submitted: 12 days and 23 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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Optional Information

State/Country relating to Question: California

Already Tried:
i sold a vehicle to a private party, he test drove the it. everything was fine. he purchased it for $8000.00. he gave me $5000.00 cash, and a check for $3000.00. i should have questioned why he did not obtain the other $3000.00 when he withdrew the $5k from the bank. everything was fine until i received notice from my bank that he stopped payment on the check. as if he planned that all along. after contacting him he refused to pay the $3k. never complained until i confronted him for payment. now claiming that after he towed a heavy load he fried the transmission. i sold him a well maintained and sound truck. isnt that like stealing stopping payment on money that was agreed upon, on an as is sale. calif is a buyer beware state. i offered for him to have his mechanic check it out. he refuse. is the law on my side?

Posted by David C. Garner 12 days and 23 hours ago.

Answer

Absent a waranty or statements by you that can be construed as fraud in the inducement (you knew of a defect and failed to disclose) all purchases such as this are "as is".

 

I'm sorry for the other guy, but it is "as is". You will probably have to sue him in small claims court, but based on what you have written, you will win.

 

DCG

12 days and 23 hours ago.

Reply

i am not sure what you call it, but it there a law code , or a penal code number or something i can refer to when i file the law suit? the statment i gave is true. the problem was caused by his negligence without a doubt. the only reason i sold it, is because my business expanded and i needed a larger truck with more power.

Accepted Answer

It does not matter. Absent a warranty, private sales are "as is" as a matter of law. You do not need to explain why you sold it. So long as you did not guarantee the transmission, the risk of loss is his.

 

He owes you $3K.

 

DCG

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Expert: David C. Garner
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/8/2009

Attorney

JD with Distinction, Admitted to practice in California

12 days and 23 hours ago.

Reply

Thank you so very much for your time. your help is greatly appreciated. with pleasure i accept.. you have a wonderful evening.

Posted by David C. Garner 12 days and 22 hours ago.

Answer

What this guy did is bullshit. Its an "as is" sale by law. Go get your money.

 

If you have to sue, ask for additional penalties as provided for by law. I haven't thoroughly researched it, but this is bull.

 

DCG

Posted by David C. Garner 12 days and 22 hours ago.

Answer

I hate people who try and rip people off.

 

You are owed $3k. He can pay for his own transmission.

 

DCG

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