Legal Question in Product Liability in Wisconsin

car purchase

a young girl bought a car from use card dealership. 2 months later the vehicel started on fire, is the seller responsible?


Asked on 1/03/09, 12:11 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: car purchase

Most used vehicles are sold "as is" in Wisconsin, which means that the buyer takes the vehicle in its sold condition, without any warranties being provided by the seller. Dealerships are required in Wisconsin to provide disclosure statements as to any defects or mechanical issues found with the vehicle prior to sale to the buyer. The buyer will be required to prove that the seller was aware of a mechanical condition at the time of the sale, which lead to the vehicle fire, and failed to disclosed the condition. This type of proof becomes more difficult the longer the period of time from the date of the sale to the time of the problem. The buyer will generally need to see if a mechanic can determine the cause of the fire and if the mechanic can give the opinion that the defect or cause of the fire should have been known to the seller at the time of the sale, but was not disclosed. I would suggest that the buyer then consult with the attorney as to how to proceed and about any time limits which might apply in pursuing a claim.

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Answered on 1/03/09, 10:43 am


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