Legal Question in Civil Rights Law in Washington

Private Auto Sale

I sold a used auto online to a woman who came by and checked out the car, test drove it etc. After three days she called me and said the car broke down and she wants to tow it back to my place and a full refund of the car. I refused so she talked to the previous owner who told her he knew of some rust problems and told me, which is not true so now she is suing me in civil court. I made to guarantee on the car. Is there a law for private sales or automobiles that she has the right to return the car for a refund?


Asked on 2/10/09, 10:10 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Private Auto Sale

If the woman who purchased the car from you can convince a judge that you knew about defects in the car, which you did not reveal, then I think you are liable for the difference in value between what you sold it for versus what it is worth when taking into account the rust. So, if you sold the car for $10,000 and if we establish a rusty one would sell for $8,000, then you are liable for the $2,000 difference.

You said the person who sold the car to you tells the purchaser that they revealed the rust to you. The problem is that the person who sold you the car really has nothing to gain by lying�unless you can prove otherwise� so their credibility has to rate high here.

On the other hand, the purchaser wants to return the car because it broke down, which I presume is a mechanical breakdown unrelated to the rust. In other words, the rust has nothing to do with the reason the purchaser wants to return the car.

If the bill of sale indicates there is no warranty and the car is sold as-is, then I'd say a refund is out of the question. The prior seller is not saying they told you about the mechanical problem, so no one can say you knew about that issue.

Depending on the value of the car, you will either wind up in small claims court, district court, or superior court. If it is small claims, you may not have an attorney represent you in court, but you may have an attorney help you prepare your written response and advise you on what to say to the court when you go to court.

If you are in district or superior court, you may have an attorney represent you, and if the dollars are that high, I suggest you at the very least consult an attorney who can review your documents and properly assess the specifics of your case, as opposed to my general answer here, which requires me to make many assumptions about your case in order to respond.

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Answered on 2/11/09, 2:29 pm


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