Sale of Vehicle by Private Seller Liability?

[gandolphtheace]

Not sure if this is in the right section:

In Florida, I purchased a car from a used car dealer and didn't realize it had some mechanical issues. A cracked gas tank and the key didn't work in the trunk. I bought the vehicle as-is and didn't think there was anything I could do about it. A mechanic told me it was OK to drive with the crack in the tank. I decided to sell the vehicle since I could not afford to repair it. I just sold it this past week as a private seller to a private buyer. They did not request an inspection other then coming to look at the car themselves and driving it. I did not mention the damage that the car already had. I am wondering if since I did not disclose the damage to the buyer, if I am liable for the damage that the car has. The title was signed over and the sale completed. Florida has a lemon law for new cars but I have not found anything regarding used car sales by private sellers. I feel kind of bad about it, but I didn't have the money to fix the car and couldn't afford to take the hit... Do the buyers have any legal action that they can take?

 

[dee_dub]

They're in the same position you were: buyer beware. It is understood that used cars are sold as is.

"When purchasing a vehicle from a private individual, there are no warranties of any kind. It is strictly "buyer beware". "

http://www.flhsmv.gov/dmv/usedcar.html

 

[gandolphtheace]

thanks for the info. is there any grounds for a small civil case?

 

[dee_dub]

Not unless you misrepresented some material fact about the car.

 

[gandolphtheace]

well i never disclosed the info about the damage does that count as misrepresentation?

 

[gandolphtheace]

can anyone find any legal writing from the state constitution or state actual written laws dealing with disclosure of mechanical issues and the sale by private seller other than information on the dmv website. (actual legal statutes or something along those lines)

 

[tpajet]

I can't find the state statute right off, but from the Attorney General of Florida's website

"Private Sales
You may save money by buying a used car from a private individual, such as through the classified section of your local newspaper. However, you should be aware that private sellers do not have to provide you with a Buyer's Guide, and do not provide implied warranties under state law. Therefore, it may be even more important to obtain warranty promises in writing and to obtain an independent inspection prior to purchase."