IfI sold a car that won’t pass inspection, am I liable?

UPDATED: Jan 11, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 11, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

IfI sold a car that won’t pass inspection, am I liable?

I live in one state and sold a car to someone who lives in another; it won’t pass their inspection. Car was sold “as is” no warranty private sale. Am I responsible? They are threatening to sue me.

Asked on January 11, 2012 under Business Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If it would pass inspection in your state, you are probably ok; selling a car that complies with all the laws, regulations, etc. of where you live is an acceptable practice, and the buyer would take the risk it does not comply with his state's rules, if they differ from yours.

However, if the car would not even pass your state's inspection, then you probably would be liable. That is because even when a car is sold "as is," buyers have a reasonable expectation that the vehicle is road legal; selling a car that is not legal to drive without disclosing that fact could be fraud and/or breach of contract. Again, so long as it would be legal where you live, you could claim to have met this requirement--you're not responsible if another jurisdiction has different rules; at the least, this would give you a reasonable defense you could present in good faith. But you would likely be found liable, in a lawsuit, if the car would not even pass under your local regulations.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption