AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question I live in the State of Oregon. I sold my 1997 jetta to a woman for $6500 and a few weeks later she calls me saying she wants all her money back because the car is undrivable.
We did each sign a contract stated the car would be sold "as is"
I told her when she bought it that it had perviously been in an accident.(however i was unaware of its severity since i was not disclosed this information when I purchased the car.)
She said she took it to a shop and it would cost 10,000 to get it back into driving condition and i was unaware of any internal damage to the car.
She now says she will sue me for all her money back, just wondering if she has a ligitiamte case. Any responce will be greatly appretiated. Thanks.
Answer Shane,
I am sorry to hear about your situation.
The buyer has a potential claim for breach of contract. If she shows that you knew of the damage she has a claim for fraud or if she can prove you should have known, she has a claim for negligence.
It depends on what the court does and each judge decides matters differently. It is possible she could be successful or if the judge believes she was not diligent and you acted in good faith that her case does not have merit.
I believe that Oregon has both "salvage" and "branded" titles. If the damage is that severe, I would think it would have one of those titles so I would question her allegation it needs $10,000 to get running and ask her for a statement from the mechanic stating this.