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Does Idaho have a buyers remorse law?

Fruitland, ID |
Filed under: Lemon law Used cars

I sold my truck today in a as is condition with no warranty, and I received a call 20 minutes later and he said that it broke down on him, and he isn't wanting to make a reasonable compromise, am I legally obligated to do anything for the truck or do i have to fix it?

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Attorney answers 3

Posted

Actually no state has a "buyers remorse" law that I have ever heard of from any of the attorneys that I know across the country. Also, in a private sale between two people, generally the only obligation on the seller is to answer the buyer's questions honestly and not hide anything that they should know that the buyer would want to know about before buying the vehicle. That and turn over a clear title to the buyer. In those states that require vehicles to also pass an emission inspection, it would have to be able to do that too. But the law can be a little different in each state and you should talk to a local Consumer Law attorney to find out for sure what your state law says. All of that is the "legal" answer. The "moral" answer is that perhaps you should also consider the situation, what was said by you during the sale, the buyer's mechanical sophistication and your own, and what you think would be the "right" thing to do. Generally speaking the law tries to encourage people to do the right and fair thing and as long as you take that approach you will usually not run afoul of most legal obligations. So, do you have to fix the truck? Probably not. Should you help get it fixed? That is a question that you will have to answer for yourself.

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.

Scott Richard Kaufman

Scott Richard Kaufman

Posted

Very well said.

Ronald Lee Burdge

Ronald Lee Burdge

Posted

Since this is a private sale there is no 3 day right to cancel the sale unless the parties agreed to that as part of the sale in the first place and nothing was said about that, so clearly that does not apply. A few states do have a door to door sales law like the federal one that gives a buyer the right to cancel a sale but that only applies when someone comes to your front door and sells it to you there, and that may be what attorney Sinclair wisely refers to, but there is nothing in the question that says that happened here either. With no legal obligation, the only aspect left is whether or not the seller "wants" to do anything for the buyer - not due to any lawful compulsion at all. Yes, negotiating with the buyer is not mandatory. But the aggravation and time and trouble of arguing about it in court later? That may be the downside of ignoring the buyer's complaints right now instead of looking for a compromise. However, no matter what state you are in, you are always better off talking to a local attorney near you, face to face, so you can go over your entire story and get all your questions fully answered. All any questioner can get here on Avvo is general nonspecific guidance. Attorney Sinclair is in your state so I suggest you contact her office and set up a phone or in-office conference to see for certain what your state law can (and can not) do for you. For a modest fee you can get your questions answered and be confident that you are making a good decision on your next move. Thanks for asking and good luck.

Posted

I've seen this scenario repeated again and again over the years and almost always from the other side of the fence. Assess your knowledge of the vehicle, buyer's knowledge of it, what was said and then put yourself in the shoes of the buyer and I'm sure you will be able to work something out...

Posted

It is more than a little disappointing that the out of state attorneys are willing to "answer" your very specific question without any knowledge of Idaho law, and with such a strong bent toward morality.

Our state statutes prescribe a rescission period of 3 days when a sale is solicited at the home of the buyer. Case law has not extended this right to private casual sales of the type you describe. If you made it clear to your buyer that the sale was "as-is/where-is" and he paid and took possession on those terms, you owe your buyer nothing further. You don't disclose what caused the break-down, and you will never know what happened in the intervening 20 minutes, so engaging in "negotiations" is all downside risk for you.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

Scott Richard Kaufman

Scott Richard Kaufman

Posted

With all due respect, you've added nothing to the prior answers which state essentially: 1- No buyer's remorse; 2- Do as you feel is right. Please also note I never offer input on family law matters, but, as an attorney who has dedicated his entire career to consumer protection and who has taught attorneys nationwide on issues related to lemon law and auto fraud, I am more than qualified to give the general input given above. Sorry you were disappointed.

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