How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask insearchoftheanswer Your Own Question
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53715
Experience:  Practicing lawyer for 31 years
Type Your Consumer Protection Law Question Here...
insearchoftheanswer is online now
A new question is answered every 9 seconds

Dear, I've just purchase a 2007 ML350 for $8,500 with high

Customer Question

I've just purchase a 2007 ML350 for $8,500 with high mileage on it from a private party. But later found out that the seller paint over the "Check Engine Light" on the Instrument Cluster on the dashboard so I didn't see the warning sign of the Engine problem. It didn't even pass the Smog check (I paid first b/c the seller told me he didn't have time to wait for me to do the smog check and I agreed to pay for the smog check myself but it need to be passed which it didn't). And I brought it to MB for diagnosis and found out more problem: Not just the Instrument cluster been painted over, the cluster actually been disabled/disassembled and the Engine has big problem. It costs more than the price I paid to fix them all which I don't think it is worth it.
Wondering if I can bring him to the court ? And I don't just want to bring him to Small Claim Court to get my money back but also want him to get punished by law for what he done. Totally Fraud.
Please advise,
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 1 month ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 1 month ago.

Yes, absolutely, you have rights to sue for actual damages and punitive damages. Even though it's a used car and there may be 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, not only did your seller fail to disclose, the seller deliberately misrepresented the car. This gives you the right to sue your seller not only for breach of contract, 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.

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 Good or Excellent (hopefully 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!

Related Consumer Protection Law Questions