Consumer Protection Law
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Yes, you could. If he represented the motor and transmission were good and they were not (and they obviously were not as you now know a replacement is needed), then you could sue him in small claims court to invalidate the contract on the basis of fraud.
Yes, the oral representation is sufficient - the ad was not the contract.
The fact that his brother was a mechanic there really isn't that relevant except that it might tend to prove he was given more service than someone else. As such, it is even more likely he was aware of the problems. However, even without the relation, just showing that the vehicle was inspected by a mechanic would generally be enough to prove he had knowledge.
His failure to inspect really is irrelevant
Anything that shows he was aware of problems that show he lied when he indicated the car was in good condition.
Yes, along with you representing what he stated to you verbally
Even with your proof there is no guarantee you'll win your case, but you have a good case. It will come down to whether he denies the statements, whether the judge believes you over him, and whether the judge ultimately determines that such is sufficient
You could -- that would tend to show that the inspection by his brother would have revealed the issues so that he was aware of them
That's really an unrelated issue unless he said installation was proper and fine. If he didn't make that representation then it's an issue the court will deem you could have discovered yourself so that he cannot be held liable.
Then it is also relevant
Yes, just let me know. In that case, though, it's best to post a new question rather than continue in this thread. You can address it to me: "To TMcJD only ..." I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.
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