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    legals's Avatar
    legals Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 11, 2008, 10:20 PM
    Sold car; being sued for repairs needed.
    My son sold an Audi. The buyer was given opportunity to test drive and take to mechanic. It was test drove for less than 10 minutes. The buyer didn't even bother to look under the hood. A Bill of Sales was NOT written up, therefore nothing was signed that the buyer was buying 'as is'.

    My son told the buyer up front that he wasn't sure about the mechanics of the car. He told him it needed new tires, but other than that it was doing good as it was my son's sole transportation to his job and ON his job as he had to drive to work sites. My son told the buyer he didn't know if anything was wrong with it, that he was currently driving it and it was doing fine.

    Less than 24 hours later, the timing chain broke resulting in over $3,000 repair work! We think the car must have been driven well over the speed limit! At any rate, the new owner is suing my son stating that the timing chain should have been replaced at a certain milage, yet the car is well past that recommendation.

    My son had no way of knowing this would happen. He feels badly for the buyer, but feels like he sold the car, and gave the buyer time for inspection and to be test driven, and therefore his responsibility toward it has ended.

    Is he indeed liable for the repairs?
    CESElizabeth's Avatar
    CESElizabeth Posts: 81, Reputation: 7
    Junior Member
     
    #2

    Jul 12, 2008, 02:47 AM
    Quote Originally Posted by legals
    My son sold an Audi. The buyer was given opportunity to test drive and take to mechanic. It was test drove for less than 10 minutes. The buyer didn't even bother to look under the hood. A Bill of Sales was NOT written up, therefore nothing was signed that the buyer was buying 'as is'.

    My son told the buyer up front that he wasn't sure about the mechanics of the car. He told him it needed new tires, but other than that it was doing good as it was my son's sole transportation to his job and ON his job as he had to drive to work sites. My son told the buyer he didn't know if anything was wrong with it, that he was currently driving it and it was doing fine.

    Less than 24 hours later, the timing chain broke resulting in over $3,000 repair work! We think the car must have been driven well over the speed limit!! At any rate, the new owner is suing my son stating that the timing chain should have been replaced at a certain milage, yet the car is well past that recommendation.

    My son had no way of knowing this would happen. He feels badly for the buyer, but feels like he sold the car, and gave the buyer time for inspection and to be test driven, and therefore his responsibility toward it has ended.

    Is he indeed liable for the repairs?
    What state you are in is important? Did you sell it by putting an ad in newspaper? What did the ad say? How many miles is on the car? In most states it is an as is sale, implied, unless your ad gave a warranty.

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