Can we be sued if we sold a jeep that was broken but it was clearly stated in the ad that it didn’t run and that we didn’t know what was wrong with it?

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Can we be sued if we sold a jeep that was broken but it was clearly stated in the ad that it didn’t run and that we didn’t know what was wrong with it?

We gave some suggestions to what we thought the problem could be be but again stated we didn’t know why it wouldn’t run. The man bought the jeep knowing all this and is now trying to take us to court because he can’t get it running either. We didn’t lie to him about anything and he bought the car without having a mechanic or anyone look at it. Does he have any kind of case against us?

Asked on June 24, 2015 under Business Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if you did not lie or misrepresent the condition of the jeep, then you did not commit fraud. In the absence of fraud, the buyer would only have a claim against you if you had given him some sort of guaranty or warranty, which you evidently did not. Based on what you write, he should not have any sort of valid claim or case against you. That, unfortunately, does not mean that he can't file a lawsuit (e.g. a small claims suit), since it is almost impossible to stop someone from filing even a case that they cannot or will not win, and therefore forcing you to spend time and possibly money dealing with it. If the sale price of the jeep was low enough, if he persists, it may be worth your while to take the jeep back and return his money just to avoid litigation.


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