Legal Question in Civil Litigation in Oregon
Automobile sale
I sold a used vehicle to a person who responded to my ad. All information was shared verbally, nothing written down. I exchanged a signed title (no title brands) for a cashiers check. Deposited money in my account. Two days later the buyer calls and wants to return the vehicle because it has had body damage and frame damage. I sent a letter from my insurance company stating that there had been no claims on that vehicle. (I did not wreck it. I bought it used. The deal stands as is.)
What legal position am I in if the other party takes legal action?
1 Answer from Attorneys
Re: Automobile sale
The buyer could sue you for breach of contract but would have to prove that you actually knew about the previous damage (and misled her about it) or that you your failure to research and discover the prior damage was an act of negligence that caused her harm (reduced value of the car). Either of those claims would be pretty difficult to prove.
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