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I resold a car. The title was not in my name. They want money back or they will sue. Do they have a case?

Anoka, MN |

I bought a car off of Craigslist. I met the guy at his "worK". He told me it was his "son-in-law's" car he was selling me. I paid cash and he handed me the signed title. I drove the car a couple of times, when my husband found the exact car we really had been wanting. We went and bought car #2. We listed car #1 immediately and a woman bought it. I gave her the same title I had been given 5 days earlier. She took the car to a mechanic and says there are many problems with it that don't make it worth the amount she paid. (She paid what I paid) She wants her money back. I didn't even have the car long enough to transfer title--now she has the title and the car. I feel it is out of my hands, and it is her car now. She's threatening to sue me. What is my responsibility here?

Attorney Answers 3

  1. Best answer

    A lot of this depends on facts you haven't provided here. Was there a purchase agreement? If so, was there an "as is" provision in it? Normally, with used vehicles, you want a purchase agreement that specifies that the vehicle is being sold "as is" with no warranties. If the buyer is aware of the "as is" clause and agrees to purchase the vehicle under that purchase agreement, then you have a good argument that the buyer can't change their mind after the fact. That being said, if they asked specific questions about the condition of the car and the seller does not disclose known defects, the buyer may have a case for fraudulent misrepresentation. I've represented a seller in a similar case regarding a boat sold off of Craigslist under an "as is" purchase agreement. Even though the Judge ultimately found in our favor, it wasn't until a conciliation court hearing, then appeal to the district court. I won't rewrite all the details of that case here, but my point is that these types of things can be very time-consuming and expensive if you're forced to appear in court. It may be best to attempt to work something else out with the buyer if it's possible. Either way, you should consult with an attorney and discuss the case in more detail. Your attorney will be able to direct you more clearly with all of the facts at his/her disposal.

    Joe Larson

    This answer is for information only. It does not constitute legal advice. This answer does not constitute, nor do they create, an attorney-client relationship between Joseph A. Larson Law Firm PLLC and any receiver. This site is governed by a Site Use Agreement that you accept by reviewing these pages. The information provided on these pages is general only, and you should not act upon this information without consulting with an attorney.

  2. Hello. Further detail needs to be known in order to provide you with reasoned advice. You may seek attorney counsel at this time, or, you may choose to 'wait and see'.

    TWIN CITIES to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation.

  3. You should speak to an attorney in your area, many of whom will offer a free consultation to review your case. They will probably need additional information, such as dates, copies of the craigslist ads, the cost, a summary of the communications between you and the other parties, etc.

    This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact an attorney directly at your earliest convenience.

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