Legal Question in Consumer Law in Tennessee

Used Car Sell

I recently bought another car. I sold my previous car a week ago. I made sure

that the buyer was aware of any mechanical problems that I myself was aware

of. He bought it knowing that he would have to do some repairs (It was a 12

year old car with high mileage). Today he came to our home wanting his money

back plus the money he had put into it for repairs because he said it would not

pass marta emissions testing. If we didn't, he would take us to small claims

court. I had the car tested 4 or 5 months ago with no problem, so I was

unaware of any mechanical problems that would cause this. I do not want the

buyer to have any additional repairs and I don't want him to feel that I cheated

him, but I revealed all the problems I knew about. As a used car, I assume the

sell is AS IS. My question is simply what are my legal responsibilities?


Asked on 1/24/06, 9:08 pm

1 Answer from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: Used Car Sell

Did you have a written contract? In TN, one should always have written contract if the sales/purchase transaction is over $500.00. A written contract would have language in there that could protect you from this happening.

If you had no contract and he does sue you, you will need to stick to your story that you made a "reasonable disclosure" of the car's problems and that he was buying the car "AS IS". If he did buy it from you "AS IS" he assumed the risk of any mechanical defects; the old saying "Buyer Beware".

You can't stop him from suing you. If he does, he does. But simply tell the Judge that the understanding between the two of you was that he was buying it "AS IS".

Read more
Answered on 1/26/06, 1:40 pm


Related Questions & Answers

More Consumer Law questions and answers in Tennessee