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Legalease
Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16289
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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I bought a car $2100 at an auction and discovered that there

Customer Question

I bought a car $2100 at an auction and discovered that there was three cracks in the engine. The person is a car salesman but says he's the owner of the car but he uses the company that he works for as the contact. The info like the company address is bogus (no such address)and he claims that it was a trade in. I spent another $2300 getting the engine put in and struts put on. What is my recourse?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Legalease replied 1 year ago.
Hello there.
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If you have a solid address for this guy, you should take the matter to small claims court in the county where you live in Michigan. Have you thought of taking that route? For a court filing fee of $65.00 you can sue him for up to $ 5,500 in the local civil court in the county where you live. The forms can be found online and the instructions given by the Michigan courts are very, very good -- here is the website address that you need for instructions and to get to the forms that you need to complete and make the filing:
http://courts.mi.gov/Self-help/center/casetype/Pages/SmallClaimsSH.aspx
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You can sue him for misrepresentation of the condition of the car prior to sale and breach of contract for failing to hold up his end of the contract and sell you a car that you can run on the day you purchased it. Your best bet is to argue it this way " It should not have been sold as a working vehicle, period, with three cracks in the engine because it was not even fit to be running on the day it was sold. While we all understand that when we buy things at auction or for discount prices that we might have to put a few dollars into repairs, it was unacceptable to be sold a car that was not fit to be running on the road." -- If you are argue it like that, you can get the case into the realm of a small claims court action for breach of contract and fraud / misrepresentation.
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I hope that helps. Please let me know if you have further questions. Also, can you please press a positive rating underneath this ANSWER box so I will be paid for my time. I am paid nothing unless you press a positive rating below. THANK YOU VERY MUCH !!
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MARY

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