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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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We purchased a used car on 9-17-2015.The receipt states that

Customer Question

We purchased a used car on 9-17-2015.The receipt states that if frame under car is rusted away within 30 days of purchase a complete refund would occur, giving back the $1000.00 we paid would be returned to us and car would be given back to seller Seller and buyer both signed the receipt and by signing the receipt made us both understand the conditions that went along with the selling of the car. the transaction occurred at a gas station seller choice place where exchange happened. after title was signed and money paid we opted to put gas in car, the first huge red flag went off, brakes went out, car was found to be broke. immediately we requested our money back and he could take car back. of course he refused. the following day we got a garage locally to tow car back to his shop. the garage we never had used nor had the seller, after arriving at the shop the mechanic put car up on hoist and learned that the car should not be driven by no-one. the list of repairs that were needed is lengthy. Very scarey but one thing that was definitely found was that the frame under car was rusted away the one clause that was a deal breaker. We contacted the seller informing him the frame condition and if he wanted to see everything that is wrong including the frame he could go and see car at the garage where we had it towed but no response from the seller, called the next day to inform him we wanted to do the exchange car for our money. we paid for towing and the repairs that made it possible to be driven, not for a long long time but enough brake to remove it from garage. he has not returned our phone calls nor has he texted us back. this is where we sit now what should we do next. what can we do to get him to honor the receipt he signed and agreed to it which then finalized the purchase of the car. another problem we have with the car it shows 133000 miles, which he must have done a lot of traveling because title states on 08/11/15 the car had 53000 miles on it that's a high amount of miles in 37 days.Further more in his add he stated the title was clean it was not a salvage title then why did we receive a duplicate title.so HELP, help us know what we should do next.......Thank You
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

You can sue the seller for breach of contract (any of these issues would be sufficient to support your claim, the rust is an easy one - but allege all of them in your complaint).

You can find information on small claims in Indiana here: http://www.indianalegalservices.org/node/398/small-claims-court

And here: http://www.in.gov/judiciary/2710.htm (The IN Courts manual).