I signed a contract for a used car from a private party sale. It does not state the car being sold "As is" is it binding?

Asked about 5 years ago - Sault Sainte Marie, MI

The car I bought from a private party has major work needed on it...fuel tank and pump and sending unit plus the hardware...The contract does not state that the car is being sold "AS IS" and the repairs cost about 50% of the price which was $475. I put $200 down on the car, and they will not release the title until full payment is made....But I want them to reduce the price due to the parts cost and what the contract says. What can I do?

Attorney answers (2)

  1. Ezra N. Goldman

    Contributor Level 16

    Answered . If has to have a guarantee written in; otherwise, the "as is" is presumed in the law. Sorry.

  2. Ronald Lee Burdge

    Contributor Level 20

    Answered . In most states it is illegal to sell a motor vehicle and fail to transfer the title into the buyer's name within a certain number of days (40 in Ohio for example). That may be one thing to help you out. Given the price, you may be better off filing a claim in your local Small Claims Court, where you can handle it yourself without an attorney and the process can be pretty quick. In a private sale the law generally says that the only obligation on the seller is to not lie and not conceal something that they know you would want to know about, but check with an attorney near you for what your state's law says. Also, what is said orally can still apply to the sale if there is nothing in the written agreement that conflicts with it, but that also depends on your written agreement. Your best bet may be to consult a local attorney and show them the agreement and find out for sure what you can and can not do. But, be aware that for every legal right you have, there is only a limited amount of time to do something about it before your rights expire (it's called the "statute of limitations"), so don't delay. If you aren't sure, call your local attorney bar association and ask for a referral to a contract law lawyer or a consumer law lawyer. If you can't find one, check this web site list of Consumer Law attorneys for one near you: http://www.ohiolemonlaw.com/ocll-site/ocll-loca...

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