What are a seller’s responsibilities regarding an “as is” sale?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a seller’s responsibilities regarding an “as is” sale?
I sold my car on-line. No smog certificate provided. He paid cash. He told me that I was not honest with him about what was wrong with the car. I was not aware that it was the seller’s responsibility to have the car smogged before the sale. Does this fall on me or him? Why he didn’t get the car inspected, I don’t know. He said he was taking my word for it. Do I have to return his money? *I believe I have a piece of paper saying I (my name) am selling the car to (his name, which is in his own handwriting) AS IS for $500. However his name is only printed, no signature.
Asked on July 19, 2011 under General Practice, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws if the State of California, the seller of an article is obligated to disclose all known conditions of the article being sold that may impact the value or the desirability for the item by a possible buyer. Failure to do so could result in a civil action against the seller by the buyer.
The same holds true in an "as is" sale. Meaning, if an article is sold "as is" (without warranties as to condition) but the seller knows of problems with the item before sale, the seller is obligated under the law to disclose the problems to the seller, preferably in writing.
If you did not know it was the seller's responsibilty to have the car smogged before sale, then you should not be responsible for the cost unless there is statute in California stating that a seller of a car sold without compliance with a smog certificate has to reimburse the buyer for the cost of it.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.