If we sold a used car and now it is having problems, what is our liability?

UPDATED: May 2, 2011

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: May 2, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we sold a used car and now it is having problems, what is our liability?

My husband and I sold a pickup to a lady and now she is driving us crazy. The ABS is having problems and 1 tire is bald. I don’t understand how this is our fault. But my husband is being a nice guy and seeing is how we own an automotive shop, he offered to help her out. He said that he would fix it at no charge except parts. She dropped it off on a Friday and we told her that  it would be done at the end of the week. However, she showed up on Monday and threw a fit about all these things and how we are going to have to take it back to her 5 hours away. I want to make sure this isn’t our fault. What are our rights?

Asked on May 2, 2011 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

California's lemon law seems to apply only to new vehicles, so unless you gave the buyer some sort of express (or explicit) warranty or guaranty, you should have no obligations to her except as per the below:

Fraud is illegal in a sale, and provides a basis for rescinding the sale and/or seeking damages (compensation). If you knowingly made misrepresentations (for example, you said the ABS was in good shape, knowing it wasn't) or intentionally omitted to say something that you should have (e.g. the buyer said, "and the brakes are good, right?" and knowing of an ABS problem, nonetheless stayed silent), then you may have committed fraud and be liable. It comes down to what you said and what you knew.

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