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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I sold a car on Craigslist listed it as awd did not know it

Customer Question

I sold a car on Craigslist listed it as awd did not know it wasn't buyer want s money back threatened to go to da and sue me private treaty no bill of sale just gave title he gave me cash three days ago he inspected the car in Colo
JA: What state is this in? And how old is the car?
Customer: Colo 2007
JA: Has anything been filed or reported?
Customer: No just threat
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

Legally, if you had no knowledge car was not AWD, a sale of a used car is an as is sale, meaning the risk is on the buyer to inspect the vehicle before purchase. As long as you did not intentionally misrepresent, which he would have to prove to sue you or to even think about trying the DA (who will tell him it is a civil matter anyhow absent proof of intentional fraud), you legally would not be liable. Morally and ethically, you could undo the deal in fairness to the buyer, but legally if you did not know it was not AWD and you represented it as what you thought it was, it was the buyer's legal duty under the law to inspect the car before just buying it and you would not legally be liable to them to cancel the sale or refund the money.

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