Legal Question in Civil Litigation in California

if a person buys a used car "as is" from a private owner no tags and the buyee agrees to terms. car breaks down and cannot pass smog test. does the seller have to return the money.


Asked on 9/14/09, 2:30 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If the seller knew or reasonably should have known that the car would break down or not be able to pass the smok check, and that the buyer was not aware of that, then they were defrauding the buyer and have to return the money. If you sell a bag to someone saying that there is a pig in it and there is not, but they do not look until later, do you think you get to keep the money? "As is" means you are not hiding something from the person, not that they take what they get.

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Answered on 9/14/09, 2:47 am


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