• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Personal Car Sales Question!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rush71621

Junior Member
What is the name of your state? Missouri. Hello, I had recently sold a 1993 Acura Legend in which i and the buyer have a copy of a bill of sale and transfered and signed the title over to the buyer. The buyer had never had the vehicle inspected before purchasing which I would have been happy to allow him to do. Anyway, A week later they "claim" the vehicle now has a blown headgasket which they "claim" I had known about. The car had been checked out numerous times by my Mechnanic and he had never found any issue. I never knew about the issue. I never mentioned any type of warranty with the vehicle and I just recently had gotten my "Pay Or Else" letter. Now my question what are their actual legal options as far as lawsuit? Like I said I did not know about the issue and used my best judgement to describe the car. Anyway thanks Guys!
 
Last edited:


Happy Trails

Senior Member
Rush71621 said:
What is the name of your state? Missouri. Hello, I had recently sold a 1993 Acura Legend in which i and the seller have a copy of a bill of sale and transfered and signed the title over to the buyer. The buyer had never had the vehicle inspected before purchasing which I would have been happy to allow him to do. Anyway, A week later they "claim" the vehicle now has a blown headgasket which they "claim" I had known about. The car had been checked out numerous times by my Mechnanic and he had never found any issue. I never knew about the issue. I never mentioned any type of warranty with the vehicle and I just recently had gotten my "Pay Or Else" letter. Now my question what are their actual legal options as far as lawsuit? Like I said I did not know about the issue and used my best judgement to describe the car. Anyway thanks Guys!
Google "Caveat emptor".

Then tell them to do the same.
 

Rush71621

Junior Member
Hello,
Okay thank you very much for the advice, one more quick question though. This sale was private person to person sale and I used the Missouri Bill of Sale form 1957. My question is, the letter sent to me mentions an "Implied Warranty" I never offered a warranty with the vehicle and neither the Bill of sale or the title mention the car "as is" either. My question to you is it possible they have something with this Implied Warranty. Also, I found this on the Missouri Attorney Generals web page.

"And remember, if you buy a car from a private individual, the sale is not covered by the FTC rule and you will not receive a Buyer's Guide. Most cars sold privately are sold "as is" and without any expressed warranties."

So I am confused as far as if the implied warranty will apply to my situation or not. Thanks Again Guys.
 

dallas702

Senior Member
You could ask them what specifically they think you guaranteed under implication, but I don't know if it's worth your time. There is no "implied warranty" in private sales because you are not a professional car dealer. If you are a professional auto mechanic they might be able to make a case that you should have known some particular component was bad, but you said that "your" professional mechanic had stated the car was mechanically sound. If they want to try to sue the mechanic...yeah, right.

The cold fact is, and even if you try to stretch the "liability/warranty/fault" argument in every direction, your buyer has NO case. You represented the car as you knew it to be; he didn't have it inspected before buying it; you made no specific warranties; there are no implied warranties for anything other than the car can be used for its intended purpose if functioning properly (which you did not specifically guarantee in writing).

Tell your buyer that you feel badly for his situation, but you cannot assume any responsibility for the car after it left your presence and possession. You don't know if he drove the car at 7000 rpms, drove it without coolant or oil, or tried to modify the car in some way that caused the damage.

No judge....no HONEST judge...will even consider his claim without a written warranty signed by you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top