Legal Question in Civil Litigation in California
Used vehicle sale responsibility
We sold our used 5th wheel trailer.Before he bought it the buyer and a friend knowledgable in trailers checked it out several times.A week later buyer calls to say refrigerator doesen`t work.He demand we pay for a new one he is having installed.We do feel bad that he just bought it and offer to pay for half of repair,he says no I want all or I will sue you.We sold him the trailer as is of course and we gave him every chance to check things for himself.What are our responsilities?He paid cash and we signed over the title to him.
2 Answers from Attorneys
Re: Used vehicle sale responsibility
The answer depends upon the terms of the sale of the
trailer. You say you sold it to him "as-is," but
is there any writing that says that? If so, then you're probably
all right as long as you never represented to him that
the refrigerator was working. If there is no writing,
then it's your word against his. That doesn't mean
you'll lose if he files suit, but it does mean that the
result is uncertain. Your offer to pay half was a wise
offer, and he was foolish to refuse it.
Re: Used vehicle sale responsibility
you are not responsible as long as you didnt lie to him.