Legal Question in Civil Litigation in California

If I signed a bill of sale stating that I guarantee a motor works. Then a week after purchase they call saying the motor is running but there is a knocking noise. I was completely unaware that it had this noise cause I never had that problem. Ok technically didn't lie on the bill of sale because the motor does run. I didn't lie about anything. If I would of known of the noise I would of disclosed it. I told them if they want I will refund them. Which technically I don't feel I'm responsible to since the motor does run all I guaranteed was it works. It is used with 100, 000 miles on it that I sold way cheap. He said it will take him a couple weeks to have it uninstalled and returned. Do I legally have to allow that or can I request it by a certain date? Also is there anything they can financially hold me accountable for beside the price they paid for the motor? I also offered to give them 100 back if they want to keep the motor and fix the noise? Does it legally become there's with no obligation to me after being in there possession after a certain amount of time? Because I don't know what they could be doing to it after having it this long.

Asked on 7/27/13, 12:14 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Selling anything with a "guarantee" means you ARE responsible, and can be sued if they claim anything was wrong with it. Sure, you may have defenses to raise in court about condition or time in their possession, but there is no assurance those will succeed and protect you. Work it out reasonably to both parties now, to try to avoid being sued.

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Answered on 7/27/13, 5:25 pm

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