CanI be sued for a refundregardingthe private sale of a car?

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CanI be sued for a refundregardingthe private sale of a car?

We sold a vehicle and told the buyer everything about it. It had a leak in the past and it had stopped,After they drove it it started leaking after the point of sale. They wanted us to pay for it. I did not feel we were obligated to do so and told them this. They now want to take us to court because we won’t refund their money for it. We filled out the title and turned in the release of liability to the DMV. The only thing we forgot to do was provide a smog test certification. Do they have a case against us? This was a private sale. They are claiming that we did not tell them about the leak. Also, they have not put the vehicle in their name yet does that effect anything? And they are saying they are protected under state lemon law.

Asked on January 20, 2012 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, if you disclosed the condition of the car, you should not be liable for any of the disclosed conditions. Of course, if the other side will claim you did not disclose and sues you, it will become an issue of who is more credible in court.

The failure to provide the proper certification could provide a ground for liability--if the car simply cannot pass the test, they could rescind the sale, or return the car and get their money back. If the car could pass, but requires testing and perhaps some servicing, they would seem to have grounds to recover those costs from you.

As for the lemon law--in many states, used cars are not covered. Other states cover them, but only up to a certain age or mileage. You should be able to easily determine whether it applies to your vehicle,since you know those factors.


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