Quote:
Originally Posted by Gkap
If on any of the documents it says that you sold the car "as is" and
both parties signed it then you have no legal obligation to help him.
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I'm not a contracts lawyer, but my expereince in law school leads me to believe the above is incorrect. The law does vary from state to state and so you''ll want to do some research into this yourself, but I'd guess the question of liability would depend upon who bears the burden of proving when and how the damage occured. I seem to remember from property that when a house is sold, the seller is responsbile only for disclosing those defects/damages that he/she was or should have been aware of. Insurance is purchased by the buyer to cover everything else. Applied here, it doesn't seem like you'd be held responsible for something you were not aware of nor would be excpected to be aware of... that assumes, of course, similar legal rules apply. Worst comes to worst, you might be able to sue BMW for indemnity, but you'd have to closely examine all the relevant documents.
Anyway, before you delve into the whole legal world, I'd just speak with a manager at the dealership and BMWUSA. My experience is that threatening a lawsuit rarely works much better than being reasonable but firm, stating that you are looking for answers, and won't stop until you get some. You and the buyer need facts, so focus on getting them.
Keep us informed; I'd be interested in seeing how this unfolds.
P.S. This is not legal advice! [Now you know I'm a lawyer.
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