# Sold car and clutch went out the next day... am I responsible. **URL:** \ **Category:** Factual Questions\ **Created:** [March 21, 2011, 10:44pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531 "2011-03-21T22:44:01Z")\ **Posts on this page:** 18\ **Page:** 3
**Author:** ![Anaptyxis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/anaptyxis/32/3171_2.png) [@Anaptyxis](https://boards.straightdope.com/u/Anaptyxis)\ **Post date:** [March 22, 2011, 4:48pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/41 "2011-03-22T16:48:12Z")
Apparently, six states have lemon laws for used cars: Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York. Found the info [here](http://www.edmunds.com/auto-warranty/my-used-cars-a-lemon-am-i-stuck-with-it.html), thought it was worth posting for edumacational purposes. ---
**Author:** ![robby](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robby/32/11048_2.png) [@robby](https://boards.straightdope.com/u/robby)\ **Post date:** [March 22, 2011, 4:53pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/42 "2011-03-22T16:53:37Z")
> [@Kiwi\_Fruit](#): > > The people writing about clutches going out on them - did they slip, so the car couldn’t move off from rest or did they stop disengaging so you could not shift into a gear from rest? Mine was the former. You could switch gears, but power was not being transmitted from the engine to the drivetrain. It felt like it was slipping. Before my relative got the car for the weekend, the slip was hardly noticeable. After I got it back, the car would barely move, even with the clutch fully out and the engine revved up. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 22, 2011, 4:56pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/43 "2011-03-22T16:56:27Z")
> [@mutantmoose](#): > > caveat emptor - let the buyer beware. Basic legal principle which applies in all cases unless there’s something specific stopping it (like a contract or statute) This hasn’t been good advice for about fifty years, although it is in this particular case. ---
**Author:** ![robby](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robby/32/11048_2.png) [@robby](https://boards.straightdope.com/u/robby)\ **Post date:** [March 22, 2011, 4:58pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/44 "2011-03-22T16:58:41Z")
> [@Anaptyxis](#): > > Apparently, six states have lemon laws for used cars: Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York. > > Found the info [here](http://www.edmunds.com/auto-warranty/my-used-cars-a-lemon-am-i-stuck-with-it.html), thought it was worth posting for edumacational purposes. With respect to Connecticut, at least, the lemon laws only apply to used-car dealers (not private individuals selling their own vehicle), and do not apply to vehicles more than seven years old or sold for less than $3,000, according to [this](http://www.ct.gov/ag/cwp/view.asp?A=2066&Q=292362). ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 22, 2011, 5:01pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/45 "2011-03-22T17:01:30Z")
> [@robby](#): > > With respect to Connecticut, at least, the lemon laws only apply to used-car dealers (not private individuals selling their own vehicle), and do not apply to vehicles more than seven years old or sold for less than $3,000, according to [this](http://www.ct.gov/ag/cwp/view.asp?A=2066&Q=292362). Even the ones that do apply to private sales by non-dealers typically only require sellers to disclose known defects which are known to them, or should reasonably have been known to them. ---
**Author:** ![jk1245](https://avatars.discourse-cdn.com/v4/letter/j/49beb7/32.png) [@jk1245](https://boards.straightdope.com/u/jk1245)\ **Post date:** [March 22, 2011, 5:14pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/46 "2011-03-22T17:14:30Z")
The guy’s an ass for even asking. “As is” means exactly what is says. Next time he calls say that you’ve been looking in to it, and it seems you undercharged him by about $2,000 and ask if he could please send you a cashier’s check for that amount. That’s about as reasonable as his request. ---
**Author:** ![Nawth\_Chucka](https://avatars.discourse-cdn.com/v4/letter/n/c57346/32.png) [@Nawth\_Chucka](https://boards.straightdope.com/u/Nawth_Chucka)\ **Post date:** [March 22, 2011, 5:19pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/47 "2011-03-22T17:19:34Z")
It’s not your fault or your problem and you need not take this person’s calls or other communication unless it comes from a courthouse w/ your name on it. I look forward to seeing you all on Judge Judy, when she tells them, “As is means just that, sir! What did you think it meant? ‘As I want it to be’? Byrd, get him outta my sight.” ---
**Author:** ![jjimm](https://avatars.discourse-cdn.com/v4/letter/j/ba8739/32.png) [@jjimm](https://boards.straightdope.com/u/jjimm)\ **Post date:** [March 22, 2011, 5:41pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/48 "2011-03-22T17:41:37Z")
I did something similar - the car leaked oil (which I told them), they didn’t check the level, and the engine seized four days after they bought it. “Bought as seen” is the phrase in the UK, and I had written that on the handwritten receipt I gave them. I didn’t lose any sleep over it. ---
**Author:** ![Mgalindo13](https://avatars.discourse-cdn.com/v4/letter/m/ea5d25/32.png) [@Mgalindo13](https://boards.straightdope.com/u/Mgalindo13)\ **Post date:** [March 22, 2011, 6:15pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/49 "2011-03-22T18:15:52Z")
> [@Keeve](#): > > I’m not an experienced used-car buyer, but a $2000 discount seems awful small for a car with that many problems. Still, I say not to feel responsible. As you say, the check engine light was on! That alone ought to make the “as-is” clause superfluous. How can an allegedly intelligent human being buy a car with the the check-engine light on, and then complain when something goes wrong? > > Do lawyers have a term for when someone closes his eyes and asks to be sucker-punched? And pays you for the honor? She wrote that it was $2k less than blue book value. Meaning, if done correctly, $2k less than the assessed value of the vehicle with all of the issues she described. Not simply a $2k discount. ---
**Author:** ![Mrs\_Johnson](https://avatars.discourse-cdn.com/v4/letter/m/7cd45c/32.png) [@Mrs\_Johnson](https://boards.straightdope.com/u/Mrs_Johnson)\ **Post date:** [March 22, 2011, 11:44pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/50 "2011-03-22T23:44:05Z")
> [@Mgalindo13](#): > > She wrote that it was $2k less than blue book value. Meaning, if done correctly, $2k less than the assessed value of the vehicle with all of the issues she described. Not simply a $2k discount. Correct. The car had known issues, a small crack in the windshield and a damaged front bumper as well as a check engine light and the abs light. The buyer saw all of that when they test drove it. We need something dog-friendly so we just sold it _as is_ instead of putting money into it. Mr J is much better at arguing and debating in general so he’s taken care of the conversations with the buyer. He did explain to the buyer that if the clutch had gone out last week we would’ve replaced it and would’ve asked more money for the car, etc. Anyway… I think this is pretty much resolved. 🙂 ---
**Author:** ![mutantmoose](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@mutantmoose](https://boards.straightdope.com/u/mutantmoose)\ **Post date:** [March 22, 2011, 11:59pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/51 "2011-03-22T23:59:45Z")
> [@Really\_Not\_All\_That\_Bright](#): > > This hasn’t been good advice for about fifty years, although it is in this particular case. I think you’ll find I covered all the bases with my second sentence thus rendering my advice correct. Absent statute, contract or something else, caveat emptor still applies. It’s just that in this day and age there aren’t many things in the area of consumer law that aren’t covered by statute or contract. ---
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [March 23, 2011, 12:45am UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/52 "2011-03-23T00:45:33Z")
> [@Kiwi\_Fruit](#): > > The people writing about clutches going out on them - did they slip, so the car couldn’t move off from rest or did they stop disengaging so you could not shift into a gear from rest? The last time I lost a clutch, the car was at just about 100k miles on the original clutch. I knew it was going to go soon, but I was hoping to get one more trip from where I was while having to go over a fairly steep hill (even after the car was fixed, I had to do both up and down in 3rd). On the flat, the car may have made it, but that hill just finished it off. You could smell burning clutch and I eventually just couldn’t go any further up the hill. Had to get towed off it and back into town. ---
**Author:** ![Uber\_the\_Goober](https://avatars.discourse-cdn.com/v4/letter/u/58956e/32.png) [@Uber\_the\_Goober](https://boards.straightdope.com/u/Uber_the_Goober)\ **Post date:** [March 23, 2011, 12:49am UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/53 "2011-03-23T00:49:59Z")
> [@LIONsob](#): > > Clutches give plenty of notice before failing and only die overnight when serious abused, if it was ok when sold then the problem is the new owners. > Peace > LIONsob This… Yup. They broke it, or tried to teach someone how to drive on it who couldn’t manage stickshift. Their problem. Hell if the car spontaneously exploded it would still be their problem. That’s how an as-is sale works. Buyer beware, check it out, see if you want it. Ain’t my fault if you don’t see the problems. ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [March 23, 2011, 1:39am UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/54 "2011-03-23T01:39:25Z")
> [@Mrs\_Johnson](#): > > \ > > Anyway… I think this is pretty much resolved. 🙂 Please do keep us informed if your buyers try any more stupid stunts. 🙂 ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 23, 2011, 2:38am UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/55 "2011-03-23T02:38:18Z")
> [@mutantmoose](#): > > I think you’ll find I covered all the bases with my second sentence thus rendering my advice correct. Absent statute, contract or something else, caveat emptor still applies. It’s just that in this day and age there aren’t many things in the area of consumer law that aren’t covered by statute or contract. The “or something else” makes it completely meaningless. ---
**Author:** ![mutantmoose](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@mutantmoose](https://boards.straightdope.com/u/mutantmoose)\ **Post date:** [March 23, 2011, 2:59am UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/56 "2011-03-23T02:59:52Z")
Not really. I was using the words “or something else” to refer to anything I haven’t thought of. Because I figured there would be something other than contract or statute that may restrict caveat emptor. A couple of examples that crossed my mind were case law and wills. Wills are basically contracts so we can ignore them but there might be decisions in case law that affect caveat emptor. And without embarking on a huge search of relevant case law I can’t say for certain. But it doesn’t matter in any case because case law will only restrict it in very narrow specific ways so they probably won’t be applicable to buying a second hand car. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 23, 2011, 2:45pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/57 "2011-03-23T14:45:46Z")
Case law restricts it in very _broad_ ways. The implied warranty of merchantability stems from case law and applies to all sales (though not this one, since the OP disclaims any warranty by use of the “as is” language). ---
**Author:** ![mutantmoose](https://avatars.discourse-cdn.com/v4/letter/m/a87d85/32.png) [@mutantmoose](https://boards.straightdope.com/u/mutantmoose)\ **Post date:** [March 23, 2011, 9:41pm UTC](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531/58 "2011-03-23T21:41:06Z")
It would restrict it in narrow ways (if at all) when referring to the sale of used cars ie the specific circumstances presented in this thread. On a scale of 1-10, how bored are you getting with this argument? I’m up to about a 7 [Previous page](https://boards.straightdope.com/t/sold-car-and-clutch-went-out-the-next-day-am-i-responsible/575531.md?page=2)