CanI be sued for selling a car that was in a car accident of which I was unaware?

UPDATED: Feb 7, 2011

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CanI be sued for selling a car that was in a car accident of which I was unaware?

I just sold my car via an on-line site for $3600. 2 days later I received a call that the car was not in good condition. The buyer mentioned that he had it checked out by a mechanic (after buying it that is) and said that it had been in a previously unreported accident,  and needed repairs worth over $2000. When I sold it, the car had a clean title and to my knowledge, had no major problems. The buyer took it for a test drive. Now we received a letter from a lawyer threatening us with the Magnusson Moss warranty and lemon law to either pay for those estimated repair costs or buy back the car.

Asked on February 7, 2011 under General Practice, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ok, the Magnusson Moss Warranty act would not apply to you.  The Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. In addition, it affects both the rights of consumers and the obligations of warrantors under written warranties. Am I correct?  So next we move on the the California Used Car lemon law.  Yes, there is one.  Are you a dealer or are you holding yourself out as a dealer?  You gave very little information and it would seem that if it were your car you would know that it was in an accident.  So the full story really needs to be disclosed to help here.  How the law views you will determine how you are treated here.  California's used car laws are some of the best for consumers in the Country.  I would seek help from an attorney n your area on this matter as soon as you can.  Good luck to you.

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