Sold car, transmission failed soon after - do I have legal obligations?

[corgis4ever666]

What is the name of your state (only U.S. law)? Iowa

Hi all,

I sold a car on craigslist for 3000. Reasons for selling: updated to a newer, safer, and better on gas car. I was contacted by the buyer today and told the transmission went out ~150 miles after buying the car. It has been a month or so since the sale. He wanted to know what I could do monetarily.

I'm not a mechanic but always tried to keep the car maintained so I was legitimately surprised. He has already had it repaired and says the mechanic is willing to testify in small claims court that (paraphrasing) "there was no way I wouldn't know it was leaking transmission fluid".

A few questions:

-Looking online, it looks like he doesn't have much of a case. Would you agree in my specific case? Is he just hoping I pay some (or all) of the cost without having to take it to court?

-I was not aware of any fluid leaking on the vehicle - I haven't had a dedicated parking space since the car was owned save for the last two months. If it was leaking when I didn't have a dedicated parking spot, I wouldn't be able to tell due to other cars parking there. More importantly, I've looked at my current driveway/parking spot and can't find a spot of fluid. If he does take me to small claims court, are images of my parking spot the best evidence?

I appreciate any help, thanks.

 

[Proserpina]

What is the name of your state (only U.S. law)? Iowa

Hi all,

I sold a car on craigslist for 3000. Reasons for selling: updated to a newer, safer, and better on gas car. I was contacted by the buyer today and told the transmission went out ~150 miles after buying the car. It has been a month or so since the sale. He wanted to know what I could do monetarily.

I'm not a mechanic but always tried to keep the car maintained so I was legitimately surprised. He has already had it repaired and says the mechanic is willing to testify in small claims court that (paraphrasing) "there was no way I wouldn't know it was leaking transmission fluid".

A few questions:

-Looking online, it looks like he doesn't have much of a case. Would you agree in my specific case? Is he just hoping I pay some (or all) of the cost without having to take it to court?

-I was not aware of any fluid leaking on the vehicle - I haven't had a dedicated parking space since the car was owned save for the last two months. If it was leaking when I didn't have a dedicated parking spot, I wouldn't be able to tell due to other cars parking there. More importantly, I've looked at my current driveway/parking spot and can't find a spot of fluid. If he does take me to small claims court, are images of my parking spot the best evidence?

I appreciate any help, thanks.

Tell him to enjoy his new purchase.

You sold the vehicle "as is" - there is no lemon law issue here. That he didn't get his own mechanic to check the car before the purchase is not your fault.

 

[latigo]

Do you some how stand responsible with regard to the busted trany?

Not unless you expressly warranted its condition. Or made some statement known to be false or recklessly regarding the condition of the overall drive train as an inducement for the buyer to make the purchase. Or you knew or had reasonable evidence that the trany was defective AND the buyer inquired of same and you failed to inform. If not, then just ignore the guy. And I mean totally ignore. Don't give some song and dance as you have here. It ain't necessary or recommended.

The law is clear that unlike the sale of new merchandise which carries an implied warranty that the article is suitable for the purpose for which it was purchased, there is no such implied warranty in the sale of used goods. Meaning ALL used merchandise, including shawls, dolls, tennis racquets, buffalo robes and motor vehicles sold without express warranty of fitness are sold as is. ("Caviar emporium" or some such Latin nonsense.)

 

[corgis4ever666]

Sorry for 'the song and dance' - didn't know what information or how much would be useful.

I appreciate the answers latigo and proserpina.

 

[drruthless]

They're called Used cars for a reason...

Aaaah, Gregslist.
Where one may observe all of what Americas toilet bowel has to offer, ..one mouse click at a time.
{present company excluded}
I would agree with the others, you sold the car as is, and in good faith. You are not responsable for the trasmission failure.
30 days and or 150 miles? thats about what a good used car dealer might offer as a warranty,
if he were to be so inclined.
I think this guy is trying to shove an ear of corn up somewhere the sun don't shine. Tell him you'll see him in court and to bring his "expert" mechcanic/ brother-in-law/witness and all the transmision parts that he replaced.
You want to see them...
GOOD LUCK.

..__________________________
~ It has been said that necessity is the mother of inventions.
What I find to be more inspiring than necessity,
is poverty. ~ drr