I bought a used car from a private party, $19000, didn't sign a bill of sale and the next day the car broke down, the engine had a oil pick up failure which led the car to needing 7000 worth of repair's. The alarm was malfunctioning so it also had to be taken out both factory and aftermarket alarm, $400. And finally the rear suspension needs to be replaced. 1000 dollars. I also found out that the car had a modification he didn't disclose. If he had disclosed it I wouldn't have bought the car. Can I recover any of this money even though the owner might not have known about these problems, which is hard to believe.
Talked to a lawyer who sent a demand letter then filed for suit, waiting for court date.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.Unfortunately, no. The sale of a used car is as-is. Unless the seller gave you a warranty, or unless you specifically asked about these items and the seller lied, there is no basis for canceling the contract. The seller of a used car has no obligation to disclose problems with the vehicle. This is true even if you did not sign a bill of sale, because you made an oral agreement, and you gave him the money, which is binding.I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.Good luck.
I talkedto a lawyer and he said it's Mis representation. How would it not be?
I talked to a lawyer and he said it's Mis representation. How would it not be?The seller did lie, I asked if the car had any modifications and he said no. He said the car was stock, which I later found out it wasn't.
It's misrepresentation if he says, "I fixed X" and X isn't fixed. If he says something like, "It's a great car" that's what's called in the eyes of the law "puffing" and it's not actionable. So, if you didn't ask about the alarm, or the rear suspension, or the oil, there's no cause of action for misrepresentation. Misrepresentation requires concrete, factual statements. Otherwise, it's a used car sale, and it's as-is, so unless you can show that he actually took steps to cover up the problem, there's no cause of action against the seller. You just provided additional facts that were not in the original question. It's very helpful to me if you give all of the facts up front. Still, none of the problems you mentioned sound like they have anything to do with modifications. The only possible way to get your money back is if you can show that you relied upon the statement that the car was stock in purchasing the vehicle, and that you would not have purchased it if you had known that it was not.
So by me asking is this car stock and him saying yes that is ok when the car had a upgraded turbo? And a cooler wasn't connected right. If I knew the car had a modification I wouldn't of bought it.
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.
How can I show something like that? Isn't it implied if one is looking for a car you prefer it to as it was originally?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).