Legal Question in Civil Rights Law in Louisiana

Thank you for taking my email.

My son sold a car he had listed on ebay on Friday July 16. The young man and his mother came from Kansas to purchase the car. My son disclosed everything we knew about the car in the ebay ad and the multiple phone conversations concerning the car. The price was negotiated and my husband and son hauled the car to Wichita, Kansas for them. On July 18th the young man says he found issues with the "rear end" that he claims were not disclosed. My son told him that he was unaware and the problems could only be detected if it was torn into, in which he had not. The boy said repairs would cost $1700 and wants my son to pay 1/2 or he'll sue. My son researched and found out that the problem the buyer claims would only cost $500 to repair. When my son told him this his repair price dropped to $1400, but still is demanding to sue if my son doesn�t pay 1/2 of repair. The buyer and his mother have text and left messages multiple times daily for the last week threatening to sue for full price of repair, court cost and any fees. Also they have threatened my husband since his name was also on the title as a co-owner.

The buyers bought the car "as is" knowing all known problems and even had an opportunity to have to car checked out before purchasing. Should we have to pay for problems he claims the car has, even though all known issues were disclosed prior to purchase? What are our rights as sellers?

Thanks for your advice.


Asked on 7/26/10, 12:06 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

I wouldn't pay them anything. It sounds to me like they are not dealing in good faith and they are just trying to squeeze you for money. Moreover, if they bought the car "as is", you are not responsible for any problems they have after purchase, so long as you did not fail to disclose any problems you knew or should have known about. There are always problems with used cars. That is why they are sold as is. So long as you dealt in good faith and didn't try to hide some known defect from them in order to cheat them, you are not responsible for defects that arise after the sale.

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Answered on 7/29/10, 6:49 am


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