Last saturday, a man test drove the car I was selling. I answered all his questions, and we agreed on a price. The next week, we exchanged a certified check and good title to my car. Later the same day, he demanded his money back because he had discovered the car had been painted. The car was painted before he ever looked at it, but he never asked that question. Is he justified in suing me?
Not unless you've left something out. Used cars sold at a private sale are "as is". The duty is on him to inspect, ask, and to have it tested. The one exception is a wrecked car that was declared a "total loss." If this car had a "salvage title," and that was the reason for the repainting, then some states require disclsoure of such a fact. Otherwise, looks like he's blowing smoke from his tailpipe.
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