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I'm having some issues with the buyer of a vehicle I sold…

I'm having some issues...

I'm having some issues with the buyer of a vehicle I sold and wanted to make sure I am not in the wrong before taking it to court.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

West Virginia.

Lawyer's Assistant: What steps have you taken so far?

When you say "steps", what exactly do you mean?

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Answered in 5 minutes by:
3/22/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,394
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good evening. Can you share with me what your question is?

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Customer reply replied 4 months ago
Absolutely. I recently sold a 1990 Bronco to an individual for $6,000 cash. The buyer came to my house, looked the vehicle over, test drove it, then decided he wanted it. We signed the title and off he went. The buyer called me today and informed me that the drive shaft fell out and the transmission blew. He took it to a local shop and the shop told him that there was no way that I sold it to him without knowing. This is false because it was my daily driver for over a year and I would have never driven it in that condition had I known that. The buyer stated that he spoke with his attorney and that I would either need to refund him for the vehicle, pay for the repairs, or take it to court. I am worried that somehow I am in the wrong? Everyone since has told me that vehicles are sold "as is" and that it is his issue for deciding not to have it inspected prior to purchase. Is this true? Would I be okay if he ended up taking this to court?

Thank you and please allow me a moment to read this and respond.

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Yes, that is true. Unless you 1) provided him a warranty on the vehicle or 2) made a representation about the vehicle that was false or misleading, the truck would be sold as is. The obligation and duty was on him, to get this checked out ahead of time and if he did not, it would be hard for him to sue you and hold you liable. You would have a defense and the burden would be on him, to show you knew of this and hid it.

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Customer reply replied 4 months ago
That's what I've gathered so far. Will it become an issue that we only did a title signing and no bill of sale?

No, it should not.

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Customer reply replied 4 months ago
Awesome. Thank you so much for your help! Now I can relax a little.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,394
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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