Legal Question in Consumer Law in Minnesota

Sold a used car and now this

I sold a 81 Corvette 3 months ago it was an even trade no cash traded hands.The Corvette had 58000 miles on it.I bought the car 4yrs.ago to restore and sell just took 4yrs to do it now after some repairs and a Car Fax the new owner says the car has 158000 miles on it and wants his trade back. The Car Fax says the milage change was back in 1992 which was2-3 owners ago and 10 yrs.Now if I don't give the truck back he says he will sue me. I sold the car under the same knowledg as the previous owners that it had 58000 miles on it I did not intend on an even trade for the car but after a week or so I agreed. Am I liable for an error like this and do I need to get a lawyer? I am a very honest person and want to be prepared if need be.


Asked on 9/08/03, 6:03 pm

1 Answer from Attorneys
Ronald Lundquist Law Offices of Ronald Lundquist

Re: Sold a used car and now this

This information is informational in nature. it is not legal advice and does not create an attorney client relationship.

I believe you have some strong arguments if you are sued:

The buyer could sue you for fraud. But fraud entails a knowing misrepresentation of fact that is relied upon, which causes harm. In your facts you did not know the mileage on the car was higher then the odometer indicated. (Assuming you did not know this.)

He could sue for breach of contract, arguing he did not get what he bargained for. One defense is that you sold the car as-is, with no warranties (assuming you made no warranties) and that the general rule of buyer beware is applicable.

A fuller analysis of your case would require greater knowledge of the facts. However, in case you are sued, you have some strong arguments you can put to use in your defense. Thank you for your question and good luck to you.

Ronald J. Lundquist, Esq.

651-210-3105

[email protected]

www.rjlundquistlaw.com

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Answered on 9/08/03, 9:10 pm


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