Legal Question in Civil Litigation in Pennsylvania

Private Sale Liability

I recently sold an old vehicle of mine. The vehicle was advertised on the internet. The vehicle was described to the best of my ability and it was clearly noted that the vehicle needed work to pass PA state inspection. I had someone inquiry, test drive and purchase the vehicle for $300.00. I have been away for two weeks on reserve training and I received a email back from the buyer stating that he wants a refund of the purchase price of the vehicle. He says he did get the vehicle repaired and inspected but now the engine seized and he wants his $300.00 back.

I feel bad that the engine went and I did make it clear that the vehicle was being sold as is but do I have any obligation to refund the price of the vehicle? Please note that this is all on his say so and I have no documentation on his statement the the engine had seized, and the vehicle is going to be scrapped.

Thanks


Asked on 7/07/99, 2:48 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Private Sale Liability

On the facts you state, you wouldn't be liable. As is means as is -- no warranty.

That doesn't mean he can't sue you and maybe have a different "recollection" of the facts. But as long as you didn't make a misrepresentation about the condition of the car, he'll have an uphill case.

At the same time, it might not be a bad idea, just out of practicality, to offer $100 or so to help defray what he put into the car. Cheaper than trying to defend if he does sue in small claims.

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Answered on 7/12/99, 10:44 am


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