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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 28513
Experience:  30 years experience in general legal matters.
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I saw a 2006 Nissan altima with a sign posted to call Ronnie

Customer Question

I saw a 2006 Nissan altima with a sign posted for sale to call Ronnie and his number so I called her described the car in excellent condition and agreed to sell the car for $3200. He promised and swore the car was great and was running great and had absolutely no problems the reason he was selling it was because he was having a divorce and needed the car gone, so I believed his words and scheduled the next day to buy the car. He drove the car to my house aND without turning off thee car he asked if I wanted to test drive and my mom w came downstairs and also came for the test drive. Car drove just OK not great, bad odor and stains all inside but thata understandable it's a 2006 car.. and way he takes my 3200 and leaves, as soon as I drove my car to the store and back the car won't start I text him he said to put the key in and start it again very slowly. So I did and several attempts the car fiinally started little over 2 hours later I need to go to work and the car was permanentlying not starting I called the guy back asking for my money as he promised verbally a 30 day guarantee if the car caused me any problems for a full refund. I keep calling him and No respond I have his address but that's about it,, what can I do
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Loren replied 4 months ago.
It is difficult to enforce a "verbal warranty". If he did not sell the car "as is" you may be able to enforce an implied warranty of fitness. I will not sugarcoat this. It is a long shot, but you could sue him in small claims court.  Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court.   You can get the necessary forms to start from the clerk of the court.
Expert:  Loren replied 4 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not  a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Customer: replied 4 months ago.
We have text messages that he states nothing is wrong with the vehicle
Expert:  Loren replied 4 months ago.

You use the evidence you have. If all you have are texts, then push the texts when you sue in small claims court. As I said, small claims court is a bit more relaxed than regular courts and the presentation of the case tends to shift to narrative, rather than the usual presentation by professional attorneys.

Expert:  Loren replied 4 months ago.

Are you still online with me?

Expert:  Loren replied 4 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

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