What should I do if I sold a car and said that it was in good working condition but it turns out that it was not?

I sold my car and had a bill of sale saying it was in “good working condition,” which it was at the time of sale. He drove it around, checked it and everything. Apparently a few hours later, the check engine light went on and as it turns out, it signified a major transmission problem. Can he sue me?

Asked on July 22, 2012 under General Practice, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He can try to sue you but the issue is going to be whether he will be successful.  If he purchased the car from you "as is" and you did not warranty anything, the term good working condition can simply be puffing.  Puffing is allowed in advertising and it is not addressing anything specific. If indeed it was in good working condition when you advertised and when he purchased, then it is simply bad luck on his part.


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