Is it enough to state that the car is sold “As is with no warranties” or do I have to describe its problems?
Hi. I plan to sell my car on eBay.com (eBay motors). The car has mechanical problems.
My question is: is it sufficient to state that the car is sold “As is with no warranties whatsoever” (to protect myself from liability to potentially unsatisfied buyer) or am I obligated to state 1) that the car has mechanical problems, 2) describe the problems?
Please answer the question if you have experience selling cars or if you are a lawyer.
Thank you!
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You need to honestly describe the mechanical problems. (or nobody would bid on it or pay for it if they did bid on it and later found out about them)
Generally, you are not "obligated" to disclose problems in person to person setting but ebay is a different ballgame. No buyer is going to actually PAY you if they feel you misrepresented the car.
Once you are paid, its a done deal assuming you gave them a clear title & didn't hide a previous salvage or flood title.
You are not even obligated to say its "as is" its presumed. But its still a good idea to.
There is no such thing as "too much disclosure" if you are trying to keep from being sued. The more, the better.
I wouldn't say you are obligated to state what is wrong with it exactly. Saying "sold as is" is okay to say but it's sort of a common courtesy to state what is wrong with it al least to your knowledge. Put yourself in their shoes if you buy a car and turns out it has a bunch of problems it would suck. It's kind of a double edged sword if you state what is wrong with it someone might know how to fix it and want it, but if you tell what is wrong with it and no one wants the hassle then no one will want to buy it.