What to do if I sold a car that to my knowledge was in good working condition but the buyer says that it now needs a new motor?

I drove 1 hour and a half to meet a buyer from craiglist and he looked the car over and bought it. He calls me the next day and asked for his money back and said it needed a new motor and if not he was taking me to court.

Asked on August 12, 2012 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you  did not provide a warranty or guaranty, then you would only be liable (have to pay money or return the sale price) if you knew of a significant problem but intentionally failed to disclose it. However, something to bear in mind is that you can be held liable if a court would conclude that a reasonable seller in your position "should" have known of the problem--that is, there is essentially no way that you could have not known. If you did have knowledge and he sues you, he could possibly recover the cost to repair or else rescind the agreement--force you to take the car back and give him his money back.


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