Consumer to Dealer trade-in responsibilities

I live in Delaware. A few months ago I traded in a 97 sports car for a brand new 00 pick-up. The car that I traded in did at one time have some engine problems but I had the repairs done under a warranty I had purchased with the car. I recieved the car back and it was running just fine. After about a month or so I had decided to get a new vehicle which would suit my needs alittle more. However after the trade-in was all said and done the dealer claims the car had engine problems. They said that they had to drop a few thousand dollars into the car. The dealer has called me and said that they could hold me liable for the repairs due to a clause in the contract and would take me to court if need be. They come across to me as thinking that I tried to pull over on them when this wasn't my intention. I told them this as well. The dealer test drove the car prior to any paperwork being signed and found no problems with the vehicle. If they did they said nothing to me. I did not offer the vehicle history to them and they never asked me any questions about the cars history. Is this my responsibility as a consumer to offer this info. on a trade-in? If they did take me to court would they have a case? I am just alittle confused with the situation and would gladly listen to anyone with some information for me. Thanks, Nor

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You aren't liable as a dealer in the Delaware lemon law because the dealership is not within the definition of consumer. So this is a good thing.Here is the link to explain: http://autopedia.com/html/LemonLaw/DE_lemonlaw2.html

I believe they had a duty to inspect your car thoroughly but they did it after they made the deal with you. If nothing was materially wrong with your car -- not your problem. You don't have to retroactively pay for their mistakes.

Thanks for the info. lawrat!! Nor

I sold cars in California, Texas, Alaska and Arizona, and not one time was a customer ever responsible for any repairs after the title has exchanged hands or after the contract was official. Tell the dealer your friend bought a used car from him a year ago and his engine went out and he had no warranty on it and there was no factory warranty on it either and you told him to take a hike. This dealer sounds like he's trying to rip you off. Good to see a dealer who gets taken on a trade in. It's almost always the other way around.


Not a lawyer or should you take what I say as absolute. Don't know laws in your state, just the way dealers think.

Thanks jimmy40, I agree with you totally! Nor.