What is my liability ifI sold an item and disclosed all defects of whichI was aware?
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What is my liability ifI sold an item and disclosed all defects of whichI was aware?
The buyer wants some money back or is threatening to sue for fraud. I told him all the damage that was disclosed to me when I purchased it. He said that he took panels off of the car and found more repaired damage then he was informed of. I told him everything that was told to me and he said that I’m a liar. It has a clean title; no salvage. He is in Canada and has made threats on top of everything else. What to do?
Asked on September 23, 2010 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Legally, if you disclosed all conditions or damage of which you are aware, you would not be liable for fraud; and if you did not warranty or guarantee the item and sold it "as is" (subject to your disclosures), you should not have to return the money or take the car back, either. Of course, if the person who bought it from you does not believe you, he could sue you, in which case the court, after seeing/hearing evidence from both of you, would determine the facts and the responsibility. Given the cost of court and defending yourself, if it looks like he wants to push the matter, you need to decide whether it might make sense to give him some money for repairs, or rescind the sale, etc.
However, no matter what, he can't threaten you--other than with legal action. If he threatens you physically, you can report him to the police.
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