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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53976
Experience:  Practicing lawyer for 31 years
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I bought a car in Colorado and week and a half ago which was

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I bought a car in Colorado and week and a half ago which was represented as in excellent condition. After to drove it back to Santa, I noticed oil leaks and took it into a new authorized Volvo dealer to inspect it. There is a list of $9000 parts and labor to make it excellent and many items could cause major breakdown. When I told the seller this he said his mechanic said it was fine and he would text his number. He hasn'the done that and won'the answer his phone. What is my recourse?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 7 months ago.
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Expert:  insearchoftheanswer replied 7 months ago.
You do have recourse here. You have the right to terminate the transaction and return the car with a full refund of your money or to have the seller repair the car at seller's cost. Even though it's a used car and there is no warranty, you still have recourse. A seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the car. Here, the seller did not only not disclose the problem, the seller intentionally misrepresented the situation. This is clearly something the seller knew or should have known about and it clearly qualifies as a material item that a reasonable buyer would consider in making their decision. You can tell the seller in buying the car without a warranty you were relying upon his duty to disclose anything material he knew and certainly not to make any misrepresentations. If he does not agree to take the car back and refund your money or repair the car at his cost (your choice), you want to raise the stakes on your seller. In that case, you should send the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand he take the car and refund your money in full or repair the car at his cost within a short specified period of time. Inform your seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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