Legal Question in Consumer Law in California
Sold used car as is - private party now wants money for repairs
I sold a used car ''as is'' a week ago to a private party. This car has never given me any trouble, and besides normal wear, it was in good working order. I took the car to my own trusted mechanic for regular maintenance and I never had any problems with it. To my knowledge, the only thing the car needed was new tires, which I disclosed to the buyer at the time of sale.
The buyer just contacted me today with threats to take me to small claims if I dont pay half of the $2,000 repairs her mechanic claims the car now needs.
Unfortunately, I gave the buyer all my service receipts at the time of sell -- though I may be able to get copies.
If my only defense is a signed ''as is'' receipt with both of our signatures on it, how well will I be able to defend myself in court?
2 Answers from Attorneys
Re: Sold used car as is - private party now wants money for repairs
As long as you smogged the car before you sold it, the "as is" clause in your written agreement should be sufficient to protect you. She should have brought the car to a mechanic before she bought it.
Re: Sold used car as is - private party now wants money for repairs
You should be fine. Your only obligations were to smog the car and obtain a "pass" before you sold it and to make sure you had title. As long as you met those two criteria, the "as is" sale should be fine.
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