Legal Question in Civil Litigation in New Jersey

Used car sale liability

I sold a 1992 model car, as an individual, to another person. He spent about 5 hours examining the car. When he bought the car we used no documentation other than signing over the title. He drove the car about 250 miles, after which the air conditioning compressor blew out. I gave him no assurances about the air conditioner and there was no way to tell in advance that this would happen. Do I have any liability under the law?


Asked on 9/23/99, 9:27 pm

1 Answer from Attorneys

Re: Used car sale liability

Unless he can assert that you derrive income from selling used vehicles (I forget how many per year) then no state or federal regulations should apply to you. Basicly the rule is 'caveat emptor', or 'buyer beware'. Since there appears to have been no written agreement, the buyer would have a hard time proving their case. You should ALWAYS have a written agreement, even if it only says sold 'as-is' with no warranty as to condition or merchantability. This way it is less likely you will be sued, and if you are you will have proof of no warranty. A major factor will be whether this was your personal vehicle, or you buy and sell vehicles as a source of income.

This is a general opinion, based upon a few facts. DO NOT RELY UPON THIS OPINION - CONSULT WITH AN ATTORNEY WHO CAN ASCERTAIN ALL RELEVENT FACTS AND FULLY AND PROPERLY ADVISE YOU.

Good luck,

Kevin J. Begley

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Answered on 9/27/99, 2:22 pm


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