[cant bleave it]

I sold an automobile with a bill of sale that states as is no warranty - all repairs are the responsibility of the buyer. The buyer calls back later stating the transmission was not working properly. Am I responsible for repairs or obligated to take the vehicle back? As far as I knew there was no problem with the transmission when he drove it out of the drive way. He test drove the car and I told him to check it out how ever he wanted to. The car is a 1992 model sold for over 2000 dollars. The buyer called back later that same day. The car was sold in the state of Georgia

[Rockstar714]

I think if you sold it as is and you both signed it, then it is the other persons responsibility.

[N0help4u]

What state do you live in?
What year is the car?
Did you sell it for under $1,000. Or under $2,000.
How many miles?

How many days later did he call back?

It does sound like his problem

[progunr]

An as is sale is exactly that, as is.

You are not responsible for any repairs or refunds.

[cant bleave it]

In response to NOHelp4u's questions - the car was a 1992, the state is Georgia, it was sold for over 2000 and he called back the same day.

[progunr]

Makes no difference.

He is the one who decided to purchase the vehicle without having it inspected.

As long as you didn't lie, or misrepresent any claims about the vehicle, it was his mistake.

[N0help4u]

As is covers (varies by state)

1) vehicles sold for less than $3,000.

2) vehicles that are more than seven (7) model years old.

3) vehicles that have been declared a total loss by an insurance company.

4) vehicles that have odometer readings of more than 100,000 miles.

5.) will not pass inspection within 7 days due to certain things such as bad catalytic converter, transmission problem, etc...

Again varies by state
You can call 1800 lemon law

But the burden of proof is on him I would say/think

[ScottGem]

Generally lemon laws apply to dealers not private sales. Private sales arre almost always As Is.

[progunr]

I just checked GA code, there is nothing in the code that would apply to any warranty, or even specific issues as listed above by Nohelp.

If he calls you again, I would just say "I'm sorry you are having problems, I wish you would have had it checked out before you purchased it".

Good Luck.

[N0help4u]

He would have to be the one to take you to court anyway so if that is what he goes for let him. He would have the burden of proof like why it suddenly went THAT day and not before the deal went through.

***Even if the lemon law does not apply those are some of the things the Judge could be looking at to make a ruling if he was sued.

[progunr]

The Judge has to follow the rule of law.

There is nothing on the GA books that could even come close to making the private sale of a used motor vehicle "warranted" or "guaranteed" and I see no chance that the purchaser could prevail in such a case.

[N0help4u]

So if he sold the car for way above market value and the new owner of the car could get mechanics to testify that the problem was pre existing then the they still can't come after the guy that sold it as is. From what I ever heard if someone takes you to court and it is ruled that the car was sold at too high a value for the condition, or if it didn't pass inspection within a week then a Judge could possibly rule for recovery of some of the money.

[progunr]

Where did you hear that?

There is no law regarding how much you can sell an item for.

Sub-Prime auto dealerships often charge over $8,000 for a vehicle that books for $3,000.

Happens everyday.

As long as the buyer and the seller agree on a price, nothing illegal has taken place.

[N0help4u]

True, so he really doesn't have anything to lose if the guy takes him to court.

[ScottGem]

First you are assuming facts not in evidence. Second, Yes a judge can often rule for justice rather than the law. But the vast majority of the time a judge rules according to the law. And the law says, is something is sold asis, there is no warranty on it. The only way the buyer miught have a sliver of a case is, if he could prove the seller knew about the problem and did not disclose it. And I don't see that happening here at all.

True, so he really doesn't have anything to lose if the guy takes him to court.

Except time, which can be significant

[cant bleave it]

The buyer made an offer on the car and I accepted his offer. The car was a limited addition which made its value more than a normal 1992 model.

[cant bleave it]

Where on the internet can I go to check the ga code so I can print it off in case this guys does take me to court.

I just checked GA code, there is nothing in the code that would apply to any warranty, or even specific issues as listed above by Nohelp.

If he calls you again, I would just say "I'm sorry you are having problems, I wish you would have had it checked out before you purchased it".

Good Luck.

[progunr]

Where on the internet can I go to check the ga code so I can print it off in case this guys does take me to court.

You can find it right here:

Georgia General Assembly

[cant bleave it]

Could you give me the code number?

[progunr]

You know what, I really don't remember the exact number, I think it was section 40.

You're welcome.