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CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Bought a auto from a person 2 wks ago The auto 's engine

Customer Question

bought a auto from a person 2 wks ago The auto 's engine acquired a tapping, rattle sound within 3days of getting it. Have tried to contact person but will not answer me. can I go to small claims court to get satisfaction for my loss
Submitted: 3 months ago.
Category: Legal
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation.

You can try filing a small claims suit, but there is very little recourse for mechanical failure on a vehicle after sale by private party.

The only exception would be if the seller actively misrepresented a specific issue or function (for example, if the seller said "the engine was rebuilt last year" - but this was not the case - there would be a cause of action for "fraud in the inducement").

Outside of that, the "risk of loss" transfers from the seller to the buyer at the time of sale. There is no warranty or implied warranty with the vehicle on a private auto sale.

(The rules are a little bit different for purchases from an auto dealership, but not much).

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