Legal Question in Civil Litigation in California
Liability of private party selling a used car
Hello- I recently sold a car. The buyer test drove the car and had the opportunity to check the car's function. A week after the sale, the buyer is stating that the rear window was not working and demands that I pay for the repairs. The model of the car has been known to have a manufacture�s problem with window mechanisms and during my ownership all windows were functioning properly. Am I liable?
3 Answers from Attorneys
Used cars are sold "as is." The buyer had the opportunity to inspect before the buyer purchased it, and more than likely you will be found not to be liable. Of course, the buyer might try to make trouble and bring you to small claims court, so you have to decide how much the aggravation is worth. Perhaps you can strike a compromise which includes a written settlement agreement by which the parties express that neither admits liability.
Just to add to Mr. Cohen entirely correct answer, to be liable you would have to have know of some defect that was not on inspection obvious to the buyer. The fact that some of the models of that car had window problems does not mean your car would. If, however, 60% or more of the cars developed the problem you might have to tell the buyer that because it is a "hidden" defect the buyer would not likely know of.
Next time do it right and provide a written bill of sale specifying 'as is, where is'.
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