Legal Question in Civil Litigation in Michigan

Sold MI auto to NJ buyer, turns out factory 7/100 warr. is not transferable. Buy

Hi,

I live in Michigan. I recently listed and sold my 2002 Dodge on ebay. I am a private seller, not a dealer. The truck a little under 62,000 miles. I sold it for near wholesale price, to a buyer in NJ. The Ad noted that the truck was under a '7 year 100K mile factory warranty limited powertrain warranty'. The Ad also cleary states that truck is sold 'as-is'. After teh buyer received the truck it was discovered that the warratny was not transferable, I did not know this at the time of the sale. The buyer wants me to pay for half of the cost the buyer would incure to purchase a warranty. Am I liable for any value of the warranty? My view is the buyer purchased a truck not a warranty, the truck was sold as-is, If the warranty was of such concern, the buyer had a week before bidding, and another week before paying in which to check on the transferability of the warranty, I feel bad that the warranty was not transferable, but I feel it was his responibility to check it out. If I refuse to compensate the buyer, would I be in an actionable position, and if so would the potential liabilty exceed the value of an extended warranty?

looking forward to a reply, thanks in advance


Asked on 9/20/04, 11:55 am

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Sold MI auto to NJ buyer, turns out factory 7/100 warr. is not transferable.

The problem is you will get negative feedback. The warranty cost will not be excessive if split. It is better than living with negative feedback that will haunt you in subsequent transactions. William S. Stern

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Answered on 9/20/04, 12:07 pm


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