What are your repair obligations when you have sold a used car?

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What are your repair obligations when you have sold a used car?

I recently sold a used car. A number of known issues were identified before the sale and the new owner drove it and had opportunity to inspect it. The day after the sale he began to text back stating there were other issues and expected me to fix them. Am I obligated to repair them? Would texting him back that I was willing to look at the issues obligate me to fix them?

Asked on August 3, 2010 under General Practice, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Issues you disclosed to the buyer and which he accepted in buying the car, you should not be liable for.

Issues you did not disclose, you might have liability for if:

1) You knew or reasonably should have known of the issues (i.e it would be difficult to not know of the issues) and:

a) You affirmatively misrepresented, such as by making a statement (after disclosing the other issues) such as "And that's it--there are no other problems."

b) You were specifically asked about one or more of the problems, and knowing of them, said nothing.

c) The problems are so significant that if you knew of them, you would have  duty to disclose them, even if not asked (e.g. going to safety, fundamental value of car)

2) You gave some sort of guaranty or warranty, which the other party now wants to enforce.

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