am i liable? for car repairs?

I don't know what forum this should be in so (please help)...

What is the name of your state? New Jersey

I have recently sold a car on ebay for $7K. The car is 9 years old and has about $12,000 invested in modifications (350hp race/street car).
I expressed in the auction every modification and every problem (that i knew of). And included 10K in receipts of the work done and even added a bunch of extra things for free (500 dollar value).

The auction clearly stated "as is" and "no warranty" and "come inspect the car before end of auction if u like".

They actually came and picked up the car (not shipped) and paid with a cashier's check (i think the kids dad who picked up is a mechanic). I drove the car up to their tow (no problems) and they towed it home (becuase of blown sensor i told them not to drive it...stated in auction) after i explained everything about the car and showed them inside and out. Their son, 17, drove it and i don't know how gentle he was (eager to drive a race car).

IMPORTANT PART:
They called me a week later saying that the car blew the transmission (won't turn anymore) and that they are going to sue me if i don't pay for the whole repair (Like 2000 dollars or something). The tranny worked perfectly when i drove it and they witnessed that. They were also free to inspect it before giving me the check.
I AM LIABLE IN NEW JERSEY??
They are going to sue me and i'm very unsettled. I need some advice.

As-is means just that - no warranties. Assuming your ad was clear that it was being sold as is, they have no case. Doesn't mean they wont sue, but you just need to point to that clause to get it dismissed.

Having also sold cars to 17 year olds, I can attest that it takes much less than a week for one to trash a tranny. A few good neutral drops and they can kiss it goodbye.

So the next time they ask for money, give em the ol' New Jersey salute (and not the McGreevey Salute, you really better not mix them up).

You Are Guilty said:

So the next time they ask for money, give em the ol' New Jersey salute (and not the McGreevey Salute, you really better not mix them up).

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first of all...u are hilarious, haha. But thank you for the reaffirmation of what i hoped would be true.

R u sure the "as is" law is true in new jersey also? and the "as is" and "no warranty" were very clear in the auction.

*is there somewhere i can get this law in writing?

O.P.M. said:

first of all...u are hilarious, haha. But thank you for the reaffirmation of what i hoped would be true.

R u sure the "as is" law is true in new jersey also? and the "as is" and "no warranty" were very clear in the auction.

*is there somewhere i can get this law in writing?

Click to expand...

Look up the term: Caveat Emptor

We just went through this.. though the person who sold us the car did not disclose anything wrong with it, the transmission needed work (second gear, solenoid problems).. my 16 yr. old son just sold it again to a mechanic. WE disclosed everything wrong with it - and the fact that we couldn't pass emissions until it was fixed. We signed a for sale "as is".

However, there was absolutely nothing we could do to the previous owner - because:

1. It was OUR responsibility as the buyer to make the choice to take the car to a mechanic before we purchased it. We did not. "Caveat Emptor" - "buyer beware".

2. It is assumed that the buyer will do what they can to make sure what they are purchasing is in top shape. If the buyer does NOT, then that is their problem. Again.. it is the BUYERS CHOICE.

I would print out a copy of the advertisement you place - hopefully you can get it. Just have all of your papers in order.. Due to the fact that you sold it "as is" and it was the BUYERS responsibility to have the vehicle looked over by a certified mechanic FIRST - you have absolutely nothing to worry about.

Here's a few URL's that may help:

http://www.gti.net/mocolib1/caveat.html#consumer

http://www.state.nj.us/lps/ca/brief/used.htm

As-is mean as-is. Let me try and sue you, they'll lose.