Legal Question in Consumer Law in Pennsylvania

Can private car sale buyer take me to court over this?

I recently sold a 2000 Dodge Neon privately in an ''as is'' sale. It was not documented as is but I assume unless otherwise noted it is. I tuned up the car before selling it, and when I took it to transfer the title, I realized that I didn't fully tighten the radiator cap, which I did in the parking lot in front of the buyer. He called me three days later saying he is sure the head gasket is bad or the block is cracked because it's burning up all the coolant and he wants me to take the car back or pay $900 to have it fixed. I had no problems before the sale with the car. As far I believe, it is not my responsibility because the sale is over and the car is his, and how am I to know he didn't cause this problem in the three days that he had it. He has now threatened to take me to court. I told him he has no case so he is now trying the maneuver saying his mechanic told him a trick to hide a bad head gasket is to crack the radiator cap a little so the pressure won't build and show it blowing out of the exhaust pipe. And he has two witnesses proving the cap was loose. I suppose this could be true but was DEFINITELY not the case. Is there a chance he can get anywhere in court, and would a lawyer even entertain taking this case?


Asked on 6/28/08, 10:55 pm

2 Answers from Attorneys
Doug Harhai The Law Office of Douglas Harhai, LLC

Re: Can private car sale buyer take me to court over this?

There are a lot of possible outcomes but my first reaction is that since you did not specifically disclaim the normal warranties that a seller gives with a product in Pennsylvania, you did not sell the car 'as is'. He wouldn't need to have an attorney take the case--he could do it himself--although there are attorneys that would take it for him, I am sure. When did you cancel your insurance on this car? One thought if you are considering paying for it is either splitting the costs, or checking with your insurance company--you may have not dropped your insurance on the car until after the date of the mishap, in which case you should ask them if it would be covered under the policy. If so, it would be a small increase in your policy versus a $900 out-of-pocket payment. If you are sued, consult an attorney.

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Answered on 6/28/08, 11:10 pm
Patrick Narcisi Narcisi Law Offices, P.C.

Re: Can private car sale buyer take me to court over this?

Yes to both. He has to convince the court that you sold the car with a defect known to you which you hid from him. He may have talked to an attorney and a mechanic; but he may not want to go to the trouble and expense of actually retaining them for his case. He may try at the MDJ first on his own. It comes down to credibility.

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Answered on 6/28/08, 11:17 pm


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