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New Member
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Jun 21, 2008, 12:59 PM
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Sold to/by private party, am I responsible
My son sold a truck last week. We never had it checked out by a mechanic but thought it ran well. The guy who purchased it took it for a test drive and gave my son the asking price. Today I received a voicemail that the truck is in the shop, blown head gasket, etc. We did state the truck ran good in the craigslist add. He never asked to take it to have it checked out and bought it on the spot. I feel badly about the situation but I don't feel I am responsible. Am I?:confused:
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Junior Member
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Jun 21, 2008, 01:10 PM
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If you sold it as-is then you have no responsibility
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Ultra Member
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Jun 21, 2008, 01:13 PM
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You are not responsible, period.
The truck ran good when he test drove it, you did not misrepresent anything.
It is his bad luck, try not to feel to bad about it, you got lucky, and he didn't.
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New Member
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Jun 21, 2008, 01:15 PM
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I don't know what was checked off on the form that was sent in - my husband took care of that, but I know we didn't offer him any kind of warranty or agreement. Is there any loop hole here?
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Ultra Member
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Jun 21, 2008, 01:20 PM
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Nope. No loophole.
That is not to say that he may not try to sue you over the deal, I believe he has little to no chance to prevail.
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New Member
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Jun 21, 2008, 01:20 PM
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I'm in California - does the law differ from state to state? Thank you all for your quick replies!
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New Member
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Jun 21, 2008, 01:21 PM
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Great - thank you!
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Expert
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Jun 21, 2008, 01:44 PM
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The actual lemon laws vary greatly from state to state but normally apply to licensed dealers. But a reminder, make any sale in writing, be clear what if any warranty there is and if there is none state it. I even like having them sign where they had the right to have the car inspected.
Also you want to retain proof that it was sold in case the new buyer does not register it as they are suppose to do
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Computer Expert and Renaissance Man
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Jun 21, 2008, 02:14 PM
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Generally a private sale is considered as-is.
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Uber Member
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Jun 21, 2008, 04:39 PM
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If the buyer did not have the truck checked by his own mechanic before purchasing it - he bought it "as is". There are no used car warranties here as you are a private individual. Just because he claims the truck is in the shop for a blown head gasket does not mean that you need to pay him anything. He may have pulled this scam before on other unsuspecting sellers and thought you would fall for this.
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