Can I be sued for by the buyer of my truck for repairs if they bought it
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Can I be sued for by the buyer of my truck for repairs if they bought it
I recently was involved in a trade via Craigslist. I was trading my truck for another
individual’s car. I mentioned that the truck had issues that I was unable to fix and
was trading
Asked on September 2, 2016 under Business Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
He can only successfully sue you if he can prove you lied in some material or important way (since lying like that to get someone to buy from you is fraud), such as if you knew about a specific important issue would not have been detectible on his inspection (even if he had taken it on the test drive), but you nonetheless failed to disclose it: even in "as is" sales, the seller has to disclose any "latent" (non-readily detectible) issues of which he or she is aware or has knowledge.
If he can't prove that sort of lie (fraud), is unlikely to successfully sue you. But unfortunately, that does not stop him from filing a lawsuit--since lawsuits are "pre-screened" by the courts to see if they are valid or good--and therefore forcing you to deal with it. It may be worth it to consider paying the money to avoid potential litigation, especially if you can get him to lower the amount he is seeking and/or get a payment plan you can live with; or conversely, to consider offering to trade back each other's vehicles.
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