Legal Question in Civil Litigation in California

Private party used car sale transacton/unknown previous damage

I bought a new BMW from a dealer in Va. in May, 2002.

Had the vehicle shipped and received it/drove it for the

first time on June 29th,2002.

Sold the vehicle on Feb.19th,2003, with 2,229 miles

never damaged or repaired while I retained ownership.

Buyer,2 weeks later, the rear hatch was making a

squeek. BMW will not warranty the hatchback since hatch side have been repainted,hatch hinge is off spec.

Shipper and Va. dealer both deny damaging/repairing vehicle. Buyer is an atty. who wants to sue me. What legal

rights do I have?


Asked on 4/07/03, 8:39 am

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Private party used car sale transacton/unknown previous damage

If he does file suit you may answer and raise several defenses. Depending on the sales contract you may be able to assert an "AS IS" sale as most used cars are sold in that manner, i.e., with no warrenties. The value of the car with a squeeky hatch back may not be devalued very much. Call me directly at (619) 222-3504.

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Answered on 4/08/03, 1:28 pm
Sandee Chadwick LAW OFFICE OF SANDEE L. CHADWICK

Re: Private party used car sale transacton/unknown previous damage

Based on what you wrote, I do not believe the buyer has a case against you unless you warranted the condition of the car. In addition, if the buyer does sue you and you are certain the damage did not occur while you owned the vehicle you may be able to file a cross claim against the manufacturer and the shipper.

If the buyer does bring a suit against you I would recommend you consult with an attorney to explore your options more fully.

If you are in the Southern California area I would be happy to discuss representing you in any action.

Thank you.

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Answered on 4/07/03, 5:41 pm


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