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Attorney 1
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Category: Consumer Protection Law
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Experience:  Knowledgeable and Experienced Attorney
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My name is soledad and I am being sued a used car. Buyer

Customer Question

Customer: My name is ***** ***** I am being sued for selling a used car. Buyer bought a 13byr old car and after a week it over heated and and driving it overheated to the mechanic, damaged the engine. Buyer claims I was aware of bad engine and suing me for price of car, insurance, dmv fees, and mechanic
JA: Thanks. Can you give me any more details about your issue?
Customer: The car was fine when she bought it. She saw the car liked it and asked that I wait until she received her money. I waited a week in which time she could have had a mechanic look at it. Car was sold as is for $2,200. After the car was at the mechanic, she told the mechanic that they coild not afford a new engine and had it picked up and taken to a junk yard. Truth is I did not know of any engne damage, Iam not a mechanic. car drove well.
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Customer: She is suing me in small claims court for a total of $3,000. I do have a witness that drove the car for 2 yrs without issue, the mechanic will sign a declaration but cannot appear.
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Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

If you did not know the car was prone to overheating, you're not liable for the damage and need for a new engine. Likewise,the you knew, but the buyer never asked and you sold the car "as is," there is no liability. Only if you knowingly misrepresented the condition of the car would you be liable. Otherwise, it's the buyers responsibility and he took the car has he found it. A private seller is not responsible for providing any type of warranty. Absent intentional misrepresentation, the buyer has no recourse. You would win in court.

I hope this helps. If you need additional information or clarification, just let me know and I will continue to assist. If I have addressed your issue, please remember to leave positive feedback when prompted.


Attorney 1

Customer: replied 1 year ago.
Could i be liable if the buyer texted me shortly after she took the car about an acceleration noise. All i texted back was that if it was a rattle it was nothing to worry about. She claims the rattle was related to engine. She claims that i knew of the engine problem, which I did not. Plenty of friends drove the car without a problem .
Expert:  Attorney 1 replied 1 year ago.

Good question. Not liable if, at the time you received the text, the sale was already complete.


Attorney 1

Customer: replied 1 year ago.
it was . However that was not the problem. Would a declaration from the mechanic stating that the car being driven over heated damaged the engine help?
Expert:  Attorney 1 replied 1 year ago.

It would help, but may not be necessary. It is the other parties responsibility and burden to prove that you knew and failed to disclose the information. That said, every bit of evidence in your favor helps.

Good luck!


Attorney 1

Expert:  Attorney 1 replied 1 year ago.

Sorry for the typo.

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