Legal Question in Business Law in California

I had a verbal agreement with a guy to sell my vehicle to him. He asked if I would then take it to his mechanic for mechanical evaluation first. I agreed. The mechanic performed a lengthy evaluation and test drive. When he returned however he asked to speak with the buyer in private. When we left I asked what the mechanic had said. he told he that although the vehicle had only a few very minor issues he recommended that the buyer should not purchase the car. He said that my selling price was too high and that he personally would not pay that much for a vehicle of that age.
My problem is this; I feel that the mechanic overstepped his bounds. He was hired not to give opinion as to value, but to evaluate the mechanical worthiness of the car.
I would like to know if any laws were violated besides the fact that it just seems unethical to me? Can you help?

Asked on 4/05/12, 6:06 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I don't know of any law that restricts or prohibits the giving of opinions of value by a mechanic, or anyone else, and I doubt any exists, especially when the opinion is offered without charge and in connection with other services. There is a business tort called "intentional interference with prospective business advantage" or something like that, but I believe it requires an improper motive and I just don't see it applying to the facts here. Also, it is a judge-created cause of action that you can't look up in a book of statutes. As to whether it is ethical for the mechanic to express an opinion on value to his client, it seems to me that if he feels the car is overpriced he would be behaving unethically NOT to give his client his opinion, as a matter of loyalty to his client.

Answered on 4/05/12, 6:24 pm

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