Legal Question in Consumer Law in California

Used Car Sale - Private Party

a private party bought my car after through inspection from AAA approved mechanic . He bought the car in AS-IS condition and had signed a contract with me after the inspection was successfully done on a piece of paper. The next day he calls up to tell me there is a ''check engine light on '' problem and would cost 800$ to repair. i paid him half the money in good faith on the insistence of my wife. he comes back and asks for more money because it cost more to fix the problem . this time i refused the payment . he now allegates that i knew the problem and did not disclose it. i had given him all the maintenance receipts and one of the receipts showed that a ''cold start'' problem that was fixed . his mechanic told him that that was an indication of the bigger ''check engine light'' problem but my mechanic never informed me about it and i did not face any ''cold start'' problem . my mechanic told me that he placed a part in the tank overnight to clean it up . his fix worked for me .

The private party he is now taking me to small claims court . please advice if I have a strong case and what s the probablity of me winning the case .

Your help is appreciated ..


Asked on 4/29/08, 7:58 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Used Car Sale - Private Party

If you did not know of the problem, you owe him nothing. If you DID know of the problem, you might still be okay. I don't believe the law imposes an affirmative duty upon you to disclose things about the car - but I'm not sure.

If you made affirmative representations as to the condition of the car, and if they were untrue, you will be liable.

Don't let them construe your kind gesture (paying the $400) as an admission of fault. Make sure you point out that it was a gratuitous gesture and nothing more.

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Answered on 4/29/08, 9:04 pm


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