Legal Question in Consumer Law in California

Sold car, now new owner wants refund!

My husband and I listed and subsequently sold our vehicle privately using craigslist.org. We were 100% honest in our disclosures about this vehicle. It is 10 years old, it has had the transmission worked on in the past, it has 102,000 miles on it etc. Someone came out, looked at the car, test drove it, and offered to pay us $1,500 less than we advertised it as, for a total of $2,550. We accepted the offer, signed a bill of sale, submitted a DMV transfer of liability, paid off the car & transferred the title to the new owner. The new owner is now saying that the transmission is slipping between gears and we knowingly sold him a ''lemon,'' & wants us to pay for repairs or a refund. We sold this car in good faith, provided him with the receipt for previous repairs done on the car, disclosed all information about it, plus accepted less money for it, and applied no pressure to buy. The new owner now wants to sue us, does he have a legitimate case against us?


Asked on 9/07/08, 8:58 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Sold car, now new owner wants refund!

No. Casual vehicle sales are "as is." If the transmission is under warranty, though, the new owner might be able to claim under the warranty. Besides, the new owner had the opportunity to have a mechanic test drive and inspect it if he so chose, before he purchased the car.

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Answered on 9/07/08, 9:19 pm


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