Would I be in violation of a lemon law?

Question

I have a 98 honda CRV and am looking to sell the vehicle. It recently passed smog but barely. The station performing the test said I might have a blown head gasket which would cost lost of $$$ to fix. I just want to get rid of it. If i sold it privately and informed the buyer of potential problems would this be considered a lemon? Am I safe from any legal action if it happens to break down since I informed the buyer of some mechanical problems?

Answer 1

Lemon laws don't apply to used cars (in most states).

If you don't disclose the problems, you are not legally liable, especially if you state in your Bill of Sale that the car is being sold "as-is."

However, when the new buyer finds out about the problem he can make your life miserable -- demanding his money back, calling you at all hours, knocking on your front door, and taking you to Small Claims Court, depending on how mad and crazy he might be.

If I were you, I would disclose the problem and adjust your selling price accordingly.

Answer 2

No. Lemon laws don't apply to vehicles that old, anyway.

Answer 3

Lemon laws vary from state to state, but they all have one thing in common:  They apply to NEW CARS ONLY.  You could legally sell your CRV privately without informing any potential buyer of the problems and they would have no legal recourse to come back at you later, because all private used car sales are considered to be "as is."  Besides, anyone buying a vehicle that's 10 years old should have a reasonable presumption that the vehicle is going to need some work.  It's good of you to have the attitude that you should warn potential buyers of the risks, but bear in mind the station said you MIGHT have a blown head gasket, so why pass that info on if you're not 100% sure?

Answer 4

It passed inspection and you informed the buyer of all problems you knew about, you did exact ally what you are supposed to do.

Answer 5

Lemon law only applies to car DEALERS

All cars sold privately are assumed to be "as-is" (no warranty).  The exception is if you were to GIVE warranty (or some promise like saying or writing "it will pass smog - guaranteed" on the bill of sale).

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Way more than 50% of the people who are selling their car, are tired of fixing it.  So something is almost always wrong.  And way more than 50% of the people buying the car have buyer's remorse.  If the courts reverse all the private sales cars, the courts would be clogged up like a bad drain.

Good Luck...

Answer 6

Depends on your personal character. you  can say nothing or you can  be  more open with the purchaser.

We used to say " what goes around comes around"

Over time I have learned to treat that phrase as more of a religion.

Answer 7

The lemon law only applies to new cars sold at dealerships. You did what you needed to by giving full disclosure. Used cars are sold as-is. You are fine and have nothing to worry about.