Am I responsible for a car I traded in that wasn't fixed correctly by the mechanic? My BMW was in the shop because of a misfire and was in the process of being repaired. In the mean time I decided I wanted to get rid of it and get something else. I found a car I wanted that was online and out of state. I called the dealer and told them about my BWM, told themm it was in the shop and what it was in for. They didn't care and agreed to use that for a trade in. I told them it would be fixed, because that's what the mechanic told me. They had me mail them the title for the BMW before it was finished and they shipped me the car I wanted. The mechanic calls them and tells them its finished and they can come get it. The dealer has the BMW picked up and shipped on a truck out of state to their dealership. When they get it they call me and tell me its not running right. I told them that it wasn't my responsibility to make sure the car was fixed before they picked it up, they owned the car way before it was even finished. Is this something where they can try and sue me?
1 Answer from Attorneys
The answer depends on the language of the sales contract, which obviously should have addressed the trade in and its condition and your obligations. I am not sure why you chose to conceal the contents of that contract from us but the wording of the contract will be the answer, and nothing you posted has any effect on the contract.
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