A gentleman bought an older used camping trailer from me, I told him I had never had it on the road, or used it in anyway, I had only bought it for having it as a convience on my lot while building a new home so I had a place to rest and occassionally spend the night in to avoid so much travel time between the place I was staying while building, I had him sign a "AS IS" paper, now his WIFE is suing me stating the frig did not work when her husband bought it, she was not present at the time of sale. Am I liable?
2007-01-02 04:43:22 · 8 answers · asked by sweetyebug3 4 in Cars & Transportation ➔ Buying & Selling
no
2007-01-02 04:48:56 · answer #1 · answered by sligoman 4 · 0⤊ 0⤋
It sounds like you are safe againts a suit. Although the "As Is" document being signed isn't as official as signing over the title (If you live in the US and didnt' get the "As Is" document notarized). She could bring a suit against you in Small Claims court if the value is under $5,000 (it differs in some states). It seems that you did the right thing to protect yourself. But it might be brought up that you didn't disclose a non-working refrigerator.
If you do go to small claims court you could be found to be with holding information depending on the judge. If this ruling was decided, the ruling would be for you to reimburse the purchaser a set amount for the refrigerator. I don't think that would be likely though.
2007-01-02 12:48:19 · answer #2 · answered by Drew P 4 · 0⤊ 0⤋
No. you are not.
Some states have "Lemon Laws" that say if you buy a car that has continual problems you can get a refund or get it fixed, but it's usually only for major problems like frame and engine. I don't think RV trailers fall under that law. A refrigerator seems like an extra and shouldn't have anything to do with the overall performance of the vehicle
That woman is goofy. It will probably cost her more to sue you than it would to just get the stupid fridge fixed.
2007-01-02 12:55:23 · answer #3 · answered by ? 6 · 0⤊ 0⤋
No, private sales are "as-is" by law.... unless you made written guarantees, which you obviously did not.
She will lose in court but you won't be compensated for lost wages, travel costs, etc... which sucks.
Btw, Lemon Law only applies to NEW CARS. There are used car version of the Lemon Law called the Lemon Aid law (in Masssachusetts) which protects the buyer only when the vehicle fails an inspection. It's capped at only $1500 I believe.
2007-01-02 13:16:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends what state you live in. My suggestion is seek advice from a local lawyer, the first consultation should be for free advice
2007-01-02 12:47:31 · answer #5 · answered by P.A.M. 5 · 0⤊ 0⤋
No you are NOT liable. You were very smart to get the signed "As is" note. This frees you from liability.
2007-01-02 12:52:20 · answer #6 · answered by cappy 3 · 0⤊ 0⤋
keep 'as is' paper...if she take you to small claim court then just show the paper work to the judge. Don't say anything else to the buyer.
2007-01-02 12:49:47 · answer #7 · answered by sleepydo 5 · 0⤊ 0⤋
no he bought it as is its just like a car if you buy it as is
2007-01-02 12:46:41 · answer #8 · answered by bobin35 3 · 0⤊ 0⤋