Legal Question in Civil Litigation in Pennsylvania

Private vehicle being sold

I recently sold a vehicle of mine.i did the recommended tune up on it before i sold it ,and it ran perfect.I had many people test drive it and one kid bought it.I gave him a verbal contract to change the brakes after a month if they were worn but that was it.He called me the next day to ask some basic questions then I didn't hear from him for a week and his grandfather showed up at my house saying the bearings in the engine are shot from an oil additive and he wanted his money back or he was going to sue me.

The car had 90,000 miles on it and i drove it to work every single day for the past year and a half without problem. Am i obligated to pay him?


Asked on 6/22/09, 10:54 pm

2 Answers from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Private vehicle being sold

You asked about selling a private vehicle.

So long as you are not regularly engaged in the sale of vehicles there is no way for the party to prevail in a suit. Private vehicle sales, just like most every sale, is final once the parties reach an agreement. Car sales among private parties are "as-is" and even your verbal warranty isn't enforceable (but common decency and good manners dictate that you live up to that).

That does not mean that they won't sue, but they shouldn't win.

Regards,

Roger

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Answered on 6/23/09, 12:16 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Private vehicle being sold

Here are some thoughts-

1. Just because the grandfather says something doesn't mean it's true

2. Is the grandfather a person with expertise, for example an auto mechanic?

3. Isn't the car still running just like when you sold it?

4. Unless you committed fraud, that is you knew about a defect in the car but didn't disclose it, you should win any law suit.

5. You didn't provide a general warranty, so the car was sold "as is" except for the oral warranty you provided, so there's no breach of contract.

6. If you get sued, it will probably be in DJ (small claims) court, & you can represent yourself.

7. Good luck!!

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Answered on 6/23/09, 5:16 pm


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