What are a seller’s responsibilities regarding an “as is” sale?

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What are a seller’s responsibilities regarding an “as is” sale?

I sold my car on-line. No smog certificate provided. He paid cash. He told me that I was not honest with him about what was wrong with the car. I was not aware that it was the seller’s responsibility to have the car smogged before the sale. Does this fall on me or him? Why he didn’t get the car inspected, I don’t know. He said he was taking my word for it. Do I have to return his money? *I believe I have a piece of paper saying I (my name) am selling the car to (his name, which is in his own handwriting) AS IS for $500. However his name is only printed, no signature.

Asked on July 19, 2011 under General Practice, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws if the State of California, the seller of an article is obligated to disclose all known conditions of the article being sold that may impact the value or the desirability for the item by a possible buyer. Failure to do so could result in a civil action against the seller by the buyer.

The same holds true in an "as is" sale. Meaning, if an article is sold "as is" (without warranties as to condition) but the seller knows of problems with the item before sale, the seller is obligated under the law to disclose the problems to the seller, preferably in writing.

If you did not know it was the seller's responsibilty to have the car smogged before sale, then you should not be responsible for the cost unless there is  statute in California stating that a seller of a car sold without compliance with a smog certificate has to reimburse the buyer for the cost of it.

Good luck.


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