Ask a Question
or
Create a Poll
  1. Home /
  2. Questions /
  3. Legal
  4. / Contracts
  5. / Contracts (General)

by Anonymous on November 13th, 2008

Anonymous

Question

Help answer this question below.

Selling of vehicle by private owner. buyer wants money back as states won't pass emission due to the clutch. vehicle passed emission in Sept. do we have to give money back. Bill of sale states as is with no warranty as implied

Share:
Other

Answers. 2 helpful answers below.

  • by Ruh Roh on November 13th, 2008

    Ruh Roh

    no, Contract "As is", unless they can prove you purposely misrepresented the emission. Assuming it passed in Sept, and nothing had been done to emission system, and testing procedure had not changed, why wont it pass now? HOw does the clutch prevent passing an emission test?

    No comments. Post one | Permalink

  • by Athrael on November 13th, 2008

    Athrael

    If they signed an 'as is' agreement (contract) then they have to bite the bullet.

    Problem here is the seller most likely knew it wouldn't pass smog and sold it as is so the seller wouldn't have to deal it. It happens way too much.

    do to the behavior of folk selling their autos, some states have laws now that give the buyer recourse to action if it can be demonstrated that the owner (previous owner) knew that the car was not going to say pass smog, or had a defect.

    Smog is an easy one, if the car was due for smog when the owner sold it, it is assumed that the owner knew it would not pass smog. Although the new owner may not be able to get their money back, they are able to sue for the monies needed to repair the auto so it can pass smog.

    Not all states do this, only a small handful. Smog laws and car sales laws change all the time so you may be living in an area that allows the new owner to take you to court.

    No comments. Post one | Permalink

Want to attach an image to your answer? Click here.

Did this answer your question? If not, then ask a new question or create a poll.

More Questions. Additional questions in this category.

You're reading Selling of vehicle by private owner. buyer wants money back as states won't pass emission due to the clutch. vehicle passed emission in Sept. do we have to give money back. Bill of sale states as is with no warranty as implied

Follow us on Facebook!

Related Ads

Related Questions

Professionally Researched

ANSWERBAG BUZZ

Selling a vehicle that won t pass smog
Sue a private owner of vehicle
Sold vehicle now wants money back
Sold car and buyer wants money back
Car buyer wants money back

Answerbag

a Demand Media company