Legal Question in Consumer Law in Pennsylvania

sold as is

i sold a 17 year old car through a dealer as is,the car was in good shape when i sold it. twenty days had gone by and now the purchaser wants to return the car because it is having problems. he wants to take me to the magistrate for repairs and towing. please help!

thank you


Asked on 8/05/01, 2:27 pm

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: sold as is

Funny thing, there was recently a query posted from someone who could have been the purchaser. Not really a coincidence, because this is a very common set of facts.

I don't know the facts so as to express any specific opinion or give advice, but the basic rules are that "as is" means "as is." No warranty or any other remedy for the buyer if the car completely fails the next day. There may be special rules for a dealer, especially with regard to deceptive sales practices, which could alter that.

The exception is fraud. Fraud's a lot easier to allege than to prove. Fraud means (to oversimplify) a knowing misstatement of a material fact, on which the buyer reasonably relied.

So, if you sold the car "as is," but told the buyer the engine was just rebuilt, when in fact you knew that the engine had only been steam cleaned and repainted, you might have a problem.

But if you only said the car ran well, and that was true, it's not fraud merely because you didn't predict future problems.

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Answered on 8/07/01, 10:21 am


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