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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31660
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can i sue on a as is sale

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I purchased a used car as is from a private party. Before the purchase I specifically asked if the car had any transmission problem via email and their reply was no. Not only did the car have a transmission problem but they took the car before the sale date to try and have it fixed they spend $600 on service for the transmission and it was not disclosed that the car had an issue. When I test drove the car it was fine because when the car is cold the transmission has no problem its only when you drive the car for more than 15minutes. The buyer drove the car to my house which was a 40min drive if not more so he knew there was a problem. After I gave them the cash and drove the car i felt the problem and called them right then and left a message and emailed him. Today I called him and recorded my call she said there was a problem and they took it to a mechanic to fix it and spend $600. Problem was never fixed can i sue them for the repair cost of the transmission since they knew about the problem tried to have it resolved a week before the sale and never disclosed any of the info

Best Regards,

Ruben

Yes, you can sue if the seller made a material misrepresentation, intentionally defrauded you or otherwise intentionally misled you.

 

This is often difficult to prove, but an as is agreement doesn't isolate the seller from all liability.

Customer: replied 6 years ago.
Can I use my recording in small claims court? Or does the seller need to know and allow me to record him? I live in Beverly Hills CA. Also can I get the records from the repair shop how can I do it if they refuse to give me a copy?

Yes, you can use the recordings to any conversation which you were a party to.

 

If the shop will not volunteer the records, you can get them AFTER you sue by having the court clerk issue a subpoena for these records.

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