What is my responsibility as seller in a private car sale?
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What is my responsibility as seller in a private car sale?
I had an inspection done on a used car when I bought it 2 months ago; it said it had a radiator leak among other things. Trying to sell now. Last week someone came to check it out and I informed him I had a used car report. He looked under the hood and agreed there was a radiator leak. He offered me $1900 at the time, which I politely refused because I wanted $2200. He called me yesterday and agreed to my price; we switched cash/title. He called me back today saying that the car overheated and he wants his money back. Do I have any responsibility to give him his money back? I fully informed him it had a radiator leak.
Asked on April 18, 2012 under Business Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your responsibility as a private seller is to disclose any and all material (or important) conditions affecting the safety, functioning, or value of the vehicle. Since you disclosed the radiator leak, the buyer should have no legal complaint or cause of action, or grounds to rescind the sale, based on the car overheating, unless the overheating is due to some separate condition which you were aware of and did not disclose (e.g. if the fan is broken and you knew that, but failed to disclose it). A private seller does not warranty or guaranty a car or provide a refund or return policy unless he or she specifally chooses to do so; his or her only obligation is one of disclosure.
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