Goshen, IN asked in Small Claims, Contracts and Lemon Law for Indiana

Q: I sold a car on Craigslist, now the buyer says the transmission is bad, am I at risk of having to ray her for the repair

I sold the car on 3/4/2017. Now today 3/6/2017 she called me saying hat the transmission is going bad. She and a friend test drove the car before they bought it. We even took it to advanced auto because they wanted to see if any codes came up to see what was wrong with the car. We did that and only one code came up for a sensor (easy fix). today she called me saying she took to to a transmission shop who said that it is going bad. Neither of us were aware of this when the car was sold. Unfortunately we both forgot about a bill of sale. Am I at legal risk?

1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Valparaiso, IN
  • Licensed in Indiana

A: There's nothing stopping her from suing you for the cost of the transmission or for fraud. The real question is whether or not she would be successful. Unless you made any guarantees, offered her a warranty or had knowledge of a material defect, which it does not sound like you did, the odds may be low that she could bring a successful claim. Having the car inspected before selling it is a strong point in your favor, as was having her test drive it. In this case it sounds like you sold the car as is. You should consult with a local attorney in your area for advice.

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