Private Car Sale Dispute

Summary

Private car sales in New York are generally considered as is, meaning the buyer assumes the risk. If no warranty was provided and there was no intentional misrepresentation of the cars condition, the seller is likely not obligated to refund the buyer or pay for repairs. Factors that could influence a courts decision include any warranties given, whether defects were intentionally hidden, the language in the sale agreement, and the buyers understanding of the cars condition at the time of purchase. The judge will consider statements, documentation, and other evidence to determine the outcome.

Full Conversation

I recently privately sold a car in New York and the buyer came and test drive the car and proceeded to purchase it. He drove it home for * hours and the next day it didn’t turn on. Now he wants me to give him his money back or pay for the repair
In New York, private car sales are generally "as is," meaning the buyer accepts the risk. However, if you provided a warranty or misrepresented the car's condition, it may be different. Did you provide any warranty or make specific claims about the car's condition?
The car had a few problems that I did list however the motor was not an issue that I was aware of seeing as the car ran prior and the day of the purchase
Based on the information provided:
- New York law generally considers private car sales as is.
- If no warranty was given, and you did not intentionally misrepresent the car's condition, you're likely not obligated to refund or pay for repairs.
- The buyer assumed risk when purchasing the car.
So if I go to court will I win
Based on the details you provided:
- As New York law generally views private car sales as "as is," you may have a strong position.
- However, a court's decision can depend on various factors, and it's advised to consult with a legal professional to discuss your situation further.
What kind of factors
Factors can include:
- Any written or verbal warranties you provided.
- Whether you intentionally hid any defects.
- The specific language used in the sale agreement.
- The buyer's understanding of the car's condition at the time of purchase.
How would the judge know if I did or didn’t hide any defects isn’t that a matter of opinion if there’s no proof
In court:
- The judge can consider statements from both sides, any documentation, and other evidence.
- If the buyer can't prove you intentionally hid defects, it may strengthen your position.
- However, remember every case is unique and outcomes can vary.
Ok
I'm glad to assist you. Do you have any other questions related to this issue or any other legal matter?