Can a buyer sue for a refund after an as-is vehicle sale?

Full question:

I am a private seller who sold a vehicle to another individual. The car was great for me and the man test drove the car and asked many questions about the car to which I answered honestly. The transaction was VERY informal no signatures no contracts and cash on delivery. 8 mos later now the individual contacts me saying he is trying to sell the car and that car fax says it's been totaled. He wants all his money back! I didn't know the car had been totaled and didn't really care bc the car ran great and he admitted it did too. He says he is suing me for the money he paid for the car. Can he do that seeing as the car was sold to him 'AS IS'?

• Category: Automobiles
• Date: 04/07/2025
• State: Tennessee

Answer:

While people often threaten to sue to gain leverage, anyone can file a lawsuit for various reasons if they are willing to invest the time and money. You might be sued, but whether the individual will follow through is uncertain. If you are sued, you should respond to the lawsuit. It's advisable to consult a local attorney, although you can represent yourself.

Since you sold the car 'AS IS' and did not knowingly misrepresent its condition, a court is unlikely to reverse the sale. However, there are potential issues to consider. If Tennessee law requires an 'AS IS' sale to be in writing, your informal transaction might not be considered 'AS IS.' Without a bill of sale or written agreement, the outcome could depend on the sale's value and specific Tennessee laws.

Regardless, you should inform the buyer that you were unaware of the car being totaled and that the sale was final and 'AS IS.' If he continues to harass you, consider contacting the police. If a lawsuit occurs, reach out to a local attorney for guidance.

Remember, this information is not a substitute for legal advice from a qualified attorney.