Legal Question in Legal Ethics in Florida

Car had accident buy clean car fax report.

I recently (2 weeks ago) sold a 2004 Honda Accord for $10k that had a small low impact rear-end accident requiring a new trunk lid and tail light. I told the guy it has a clean car fax (which it does, he even saw it, the accident is not on there). He never asked if it had been in an accident or had it inspected. (He never really looked at it all for any cosmetic damages). He bought the car as is- no warranty implied. Now I guess the tail light isn't working and 2 engine lights have come on. The tail lights were working the day he drove it off my driveway after signing the bill of sale and the engine lights came on a few days later. Now he's threatening to have an attorney to sue me for the 'damages'. I don't think I did anything wrong- he never asked if it had been in an accident and those lights weren't on when he bought it- it had been over 3 days when they came on. He called me the next day to tell me 'the tail light doesn't seem to be working'. Am I held legally responsible for these things? He didn't think to check the tail lights when he bought it, so isn't it his fault? He also never asked about an accident, therefore I never thought to mention it. What is going to happen?? Thank you!


Asked on 3/06/09, 2:49 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Car had accident buy clean car fax report.

You're not doing anything wrong, at least not legally. The old saying, "Let the buyer beware," is true in Florida. You sold the car "as is," which means the buyer should have looked more closely or had the car inspected. You didn't offer a warranty or a guarantee, so a deal's a deal.

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Answered on 3/06/09, 9:11 pm


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