If I sold a 10 year old used car and it needs repair for wear and tear, would I be on the hook for anything should I be sued?

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If I sold a 10 year old used car and it needs repair for wear and tear, would I be on the hook for anything should I be sued?

The buyer test drove the car, but did not have it checked out or even open the hood. I told her everything I knew about it. A week later it was making a sound so they took it into a dealer to be checked. They have since called to tell me there are $2,000 worth of repairs needed. I did speak to the mechanic and he basically said it’s wear and tear. Issues: replace brakes, electronic sensor just went out, misc oil leaks, and the rotors may need to be replaced, along with a couple other odds and ends. Am I liable for any of this?

Asked on July 9, 2013 under Business Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could be liable if you knew, or reasonably should have known, of any of those issues but even knowing of them, still failed to disclose them to the buyer. In that instance, you may have committed fraud by your failure to disclose material facts. If you did not know, and had no reason to know, you should not be liable, especially if the sale was "as is."


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