Prior knowledge = fraud?

[rhondahonda]

What is the name of your state? Texas

I recently sold a 1992 Honda with an bad clutch (meaning, it will go out in the near future, but was still working enough to drive at the time of sale). The girl I sold it to drove the car and did not ask any questions about the clutch, or anything else that could generally relate to the clutch. She also did not take it to a mechanic prior to purchasing it. The bill of sale says the car is "as is".

I was thinking I was ok because I didn't misrepresent the car as specifically having a *good* clutch (or any type of clutch for that matter). If she had asked, I would have mentioned it. After reading what some buyers are doing, however, I am a little nervous.

Was I under an obligation to disclose what I knew about the car's clutch (or anything else, for that matter) if she did not ask about it? Or is this truly a buyer beware situation?

 

[Happy Trails]

What is the name of your state? Texas

I recently sold a 1992 Honda with an bad clutch (meaning, it will go out in the near future, but was still working enough to drive at the time of sale). The girl I sold it to drove the car and did not ask any questions about the clutch, or anything else that could generally relate to the clutch. She also did not take it to a mechanic prior to purchasing it. The bill of sale says the car is "as is".

I was thinking I was ok because I didn't misrepresent the car as specifically having a *good* clutch (or any type of clutch for that matter). If she had asked, I would have mentioned it. After reading what some buyers are doing, however, I am a little nervous.

Was I under an obligation to disclose what I knew about the car's clutch (or anything else, for that matter) if she did not ask about it? Or is this truly a buyer beware situation?

"As is" means you are selling the car as it is. You sold it without a warranty and you are under no obligation for repairs.

 

[seniorjudge]

"As is" means you are selling the car as it is. You sold it without a warranty and you are under no obligation for repairs.

I agree.....

 

[rhondahonda]

Thanks for your replies. I feel bad, but then again I would never ever buy a used car without an independent appraisal.
One other minor note is that there is a repair slip in the maintenance logs I gave away with the car that says something like "clutch sometimes slips". Can this come back to bite me?
I made the maintenance records available for potential buyers to look at, if they were investigative enough to ask, which this lady was not.

 

[seniorjudge]

Thanks for your replies. I feel bad, but then again I would never ever buy a used car without an independent appraisal.
One other minor note is that there is a repair slip in the maintenance logs I gave away with the car that says something like "clutch sometimes slips". Can this come back to bite me?
I made the maintenance records available for potential buyers to look at, if they were investigative enough to ask, which this lady was not.

Refer to prior posts....

 

[dallas702]

Actually, your car had a WORN clutch, which is typical of a USED car. If the car had a BAD clutch it would not have worked at all.

So don't worry about it.