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View Full Version : Law cases example arising from private party auto sales in California


pb1960
Apr 24, 2012, 10:20 PM
I sold a car to private party in California with out writing the words "As is" on the Bill of sale, but stated verbially between both parties & I have wrtten witness of said events. Will this hold up in small claims court?
Mike

ScottGem
Apr 25, 2012, 03:19 AM
A private party sale is generally considered As-Is by default.

joypulv
May 1, 2012, 06:04 AM
CA doesn't have a private party lemon law, but that doesn't stop people from suing for blatant deceit like altered VINs.
Other states do have laws, often something like a 3 day return limit but only over a certain purchase amount.

Fr_Chuck
May 1, 2012, 06:40 AM
As long as it does not deal with the emissions, there are specific laws dealing with that in California that has to be followed.

More details as to the trouble. But in general, it is suppose to be in writing and any comments or oral discusson prior to the sale does not change the purpose or wording of the written contract. You can bring your witnesses into court, in small claims you should win, but it will be a matter of intent.

ballengerb1
May 1, 2012, 06:57 AM
Car sales are "as is" unless there is a written warranty. Will it hold up in court remains unanswered until you are in court. Does the buyer claim you hid a known defect or what?