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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35334
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was sold a used car with a deployed airbag and never knew

Customer Question

I was sold a used car with a deployed airbag and never knew about it until recently when I went to get it appraised. I purchased the vehicle in Nov. 2013. I was only offered $1,000 for a car I still owe about $6,000 on. Do I have a case?
Submitted: 7 months ago.
Category: Legal
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Was there any kind of written warranty on the car when purchased?

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Did you get a Carfax on it?

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Did you ask the seller if it had ever been in a wreck?

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Was this a private individual or a dealer?

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thanks

Barrister

Customer: replied 7 months ago.
I don't recall any carfax reports on it. I did ask questions like if the car had ever been in a wreck or floods of any kind. The sales man said no. He even said it had a GPS, turned out it didn't. This was from a dealer. There are no warranties on the car.
Expert:  Barrister replied 7 months ago.

Ok, I hate to say it, but you may be stuck here as it is up to the buyer in a used car transaction to do their homework and demand a Carfax to make sure that it hasn't been wrecked, or get the VIN and order their own prior to purchase. If a buyer doesn't do so, then unless the seller put it in writing that it had never been wrecked then they are rolling the dice with a used car.

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But if they misrepresented the car as never having been in a wreck, and it has, you have 3 years from the date of purchase under CO law to sue them for fraud, misrepresentation, and breach of contract. So you would still have time to sue, but you would need to act quickly.

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thanks

Barrister

Customer: replied 7 months ago.
I remember specifically asking, and he said no. Also, it was definitely misrepresentation on his part about the GPS. I called him to see what they can do, and he promised to contact the previous owner and get back to me. He eventually told me to purchase a GPS DVD Rom online. I would like to proceed with a law suit, if I can.
Expert:  Barrister replied 7 months ago.

Ok, then you can file suit as long as you do so before November when you bought the car. If it is over $7,500 you will have to hire an attorney as that is the limit in small claims court.

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But you will have to be able to prove what you are saying that he told you to a judge. And obviously the seller will lie and say he never said those things..

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thanks

Barrister

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