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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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Sold a car as-is to a gentleman and 1 week later said that

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Sold a car as-is to a gentleman and 1 week later said that the freeze plug was jb welded on and that I should have to pay to get a new motor put in, now he is trying to take me to court over it, he signed a as-is document and bill of sale
Thank you for your question.

While he may have signed such an agreement, there is still a possible warranty that may attach to the vehicle even for an "as is" purchase. That is called a "warranty of merchantability". In essence a warrant of merchantability is an implied warranty (not stated and understood to come with the vehicle) and says that a vehicle will run the way it is supposed to run when sold. While it doesn't cover every component of a vehicle, it does apply to its basic functions such as motor functions. That means that if you sold a vehicle that does not run, even "as is" you are liable to the buyer for the repairs or for replacement.

On the bright side for you the buyer has to prove that the defect was present at the time of sale. You can then claim that the damage took place after the sale, and you are then no longer liable.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 7/3/2010 at 1:29 AM EST
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