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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111556
Experience:  Attorney experienced in commercial litigation.
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I bot a car a week ago Last Friday from an individual. I had

Customer Question

I bot a car a week ago Last Friday from an individual. I had some repairs done strut oil change brakesanew tire and various other small jobs. I drove the car. It felt great.My soon Took it for a sticker on Friday and it failed. The man at the garage said that my son had been ripped off and that check engine light would comeon.The car failed the sticker
LAST NIGHT MY SON WAS COMING HOME FROM A FRIENDS WHEN HE NOTICED FLAMES SHOOTING FROM UNDER THE CAR. HE QUICKLY PULLED OVER , JUMPED FROM THE CAR AND WATCHED AS IT BECAME ENGULFED IN FLAMES. THE. FIREMEN, STATE AND LOCAL POLICE WERE ALL AT SCENE. I THANK GOD I FIXED THE BROKEN DRIVER SIDE DOOR HANDLE SO HE COULD GET OUT QUICKLY..WHAT CAN I DO TO RECOVER ALL OF THE MONEY I HAVE SPENT.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, the purchase of a used vehicle is considered to be as is, unless he received a written warranty to the contrary. In an as is sale, the courts state "caveat emptor" or "buyer beware" placing the liability for any hidden defects on the buyer and not the seller of the car.
However, even in an as is sale, there are some common law warranties, but they required you to be able to prove the seller knew of the defect and that the defect rendered the car unfit for the intended purpose or that they intentionally concealed or misrepresented the defect. The first such warranty is the implied warranty of merchantability, which requires you to prove that at the time of the sale the seller knew the car was unfit for its intended purpose. The second warranty is the implied warranty of good faith that says if they concealed or intentionally misrepresented a defect they are liable to you to cancel the sale or pay for repairs.
So, you would need to mechanic to come to court and testify that the seller had to know the car was not fit for its intended purposes or concealed the defect and seek to cancel the the sale and a refund. If the mechanic can testify to that, then you would have to sue the seller in court to recover your money.
Customer: replied 1 year ago.
court is the only way. Well then I will go there.i believe he knew . I believe he tampered with the check engine light and i believe his greed could have killed my son. So do I go to criminal court small claims or civil or what. I almost feel like he should be charged with attempted murder. BUT I KNOW THATS REALLY BECAUSE MY ONLY SON WAS INVOLVED
WITH
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Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, court is the only recourse if he refuses to refund your money. It goes to small claims court, this is a civil matter and you can seek the refund of your money and to cancel the sale for the breach of the implied warranty.