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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What legal action can I take against a private party seller

Customer Question

What legal action can I take against a private party seller of a used car? I purchased a truck from s private seller recently and 19 miles from the place of purchase the car broke down, after towing it to a shop it was discovered to have a blown engine and other repairs totaling about $10,000. The seller told me the truck was in great shape, had always gone to the dealer for all regular service needed, and if there were any issues with the truck on the drive home he would take care of it. The mechanic said the issues were pre existing from before I bought it. Can I get my money back for purchase of the truck or can the seller be forced to pay the repair cost?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am guessing that this was a used vehicle and there was no warranty given by the seller. Florida has no used lemon law vehicle warranty, but this may still be actionable.

When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied warranties. These implied warranties are very ambiguous in law by nature.

An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. FL 672.316.

An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. FL 672.316.

Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.

Someone in your situation may wish to try to argue in Court under such a warranty. If one wins, the Court may order a judgment for repair, although it would be unlikely to void the sale itself.

Best of luck.

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