What should my daughter and son-in-law do if they sold a car “as-is” to a private buyer 6 months ago and now the buyer wants them to pay for repairs?

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What should my daughter and son-in-law do if they sold a car “as-is” to a private buyer 6 months ago and now the buyer wants them to pay for repairs?

The vehicle was sold “as-is”. The sellers were honest and upfront with everything from the beginning. The sellers lowered the price to allow for a few known repairs, and the sellers sold the buyers for $50; the remainder of the cars warranty, a $2,000 value. The seller have used $1,700 of the warranty. They sellers knew what they were buying and signed the agreement (contract). I don’t think they owe these people anything, the car was running great when it was sold. We have know idea how the car has been treated in the past 6 months. What advice do you have for us?

Asked on August 9, 2012 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When sellers sell a car in a private transaction "as is," they are generally only liable for any misrepresenations they made--for example, if they concealed known defects or problems. If  the sellers did not make any misrepresentations or conceal any problems, the buyer should have no grounds to recover money from them. They can refuse to pay; the buyer can then try to sue them, but the burden will be on him to prove his case (e.g. that they did lie about some problem existing as of when they sold him the car).


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