April 13, 2007

Hello Tony

My friend sold a used car to somebody. A week later the buyer comes back and says the transmission needs to be changed. My friend had no idea that his transmission was broken at the time.

He provided the buyer with Safety Certification papers as well as an Emission Test. What's more, the buyer brought his friend and they examined the vehicle for over 40 minutes and test drive it. At the end of it, my friend offered to let them take it to the mechanic with the exception that they leave a deposit so that they don't just run off with the vehicle.

They refused it saying they were satisfied with the used car and bought the vehicle. The contract they signed highlighted that the vehicle is being sold "AS IS" and that the buyer acknowledges this by signing the contract. The contract was signed and everyone was happy. Now he threatens to sue.

What are the chances that my friend will lose the case, because he has spent the money he got already from selling this used car?

Answer:

Hi Zack,

I don't pretend to know each state's laws pertaining the sale of a used car, so you need to check with the appropriate agencies within your state and local governments.

This is by no means a legal opinion, but common sense says that the buyer doesn't have much of a case. Nevertheless, courts seldom let common sense get in their way with their decisions, so check the state and local laws pertaining to this situation to be safe.

Take care...

All my very best...

Tony Iorio