What to do if lawyer is contacted on an as is private sale?

We sold our 9 year old camper

Asked on June 18, 2017 under Business Law, Vermont


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is two-fold:
1) Did you know that the roof was rotted?
2) If so, was the rot discrenable to someone who viewed the camper?
When a sale is "as is," there is no recourse for the buyer (e.g. no refund or other claim for compensation) for anything but a latent (hidden) defect--one the buyer cannot reasonably perceive or discover pre-sale--which the seller in fact knew of but knowing of it, failed to disclose: failing to disclose a known but hidden defect is fraud. If you did not know of the defect/rot, you are not liable for any defects in an "as is" sale; or if you did know but it was visible so the buyers would have been aware of it, you would not be liable, either. 
So if contact by a lawyer, decide what to do (whether to refuse any compensation, to pay what they want, or to try to settle for some modest amount you are willing to pay, to avoid a fight or litigation) in light of the above, and whether or not you would be liable  if sued.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.