If I sold my used car without bill of sale and nothing stating it is “as is”, am I still liable?

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If I sold my used car without bill of sale and nothing stating it is “as is”, am I still liable?

Sold my old car on the 24th pf last month to a private party and today, almost a full month later, the buyer called me stating that the car is having transmission problems. I have verbally stated the car is sold “as is”, however I have nothing in writing stating this (but at the same time nothing stating it has a warranty). I didn’t do a bill of sale; I just went to a title place and transfered title and they paid me in cash $1000.

Asked on June 20, 2012 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, in an "as is" private sale of a used car, you would only be liable for problems with the car if you knew of those problems (or reasonably should have known; i.e. any owner would have been expected to know) and did not disclose those problems. If that were the case, you would have committed fraud; fraud can provide grounds for the buyer to recover monetary compensation (such as the cost to repair) or possibly rescind the sale (return car; get money back) entirely. If you did not know of the problems, however, you should not be liable.


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