Personal Injury Law
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Hello and welcome to just answers.
When selling a used vehicle privately, it is very difficult to enforce any sort of warranty inherent in the contract.
This is because unless Person B is a mechanic he has no way of knowing whether something minor might go wrong with the car mechanically a week from now.
It is not as if the car was a complete lemon with a cracked block or something requiring a very expensive repair.
Also, the buyer of a used car has a responsibility to have the car inspected prior to buying it.
If Person A takes Person B to court, he will probably not succeed in trying to undo the contract.
There were problems with the chain tensioner, and Person B never disclosed that to Person A. So when Person A purchased the vehicle, the chain tensioner caused the vehicle to break down meaning Person A cannot drive the car
Person A would have to be able to prove that Person B knew about the problem and intentionally withheld the information.
Can he undo the contract because of Misrepresentation? Since, Person B made false statements such as the car is in excellent condition, there is nothing wrong with vehicle mechanically, and that he took good care of it?
Again, only if Person A can prove that Person B knew about spefic problem(s) with the car and intentionally withheld the information. Can Person A prove that?
sorry -- specific problem
I'm not sure. In person B's deposition, he said he knew something was wrong with the chain tensioner
Deposition? There is already a lawsuit?
So you are going to trial and you want questions to ask Person A on direct?
If so, ask Person A about everything Person B said to him by way of reassurances about the state of the car. It is not hearsay because it is an "admission" by a party opponent.
Also, person A took the car into the shop and they told him that the chain tensioner problem is due to lack of proper maintenance or extremely hard and abusive driving over a period of time
Well, you can not ask Person A about what the car shop guy said because that is hearsay.
Can you bring the car shop guy in to testify? Did you list him as a witness?
yes we have his deposition as well
we're turning his dep as evidence bc he is unable to testify
That is good. If Person A testifies that Person B told him he maintained the car, and car shop guy says he didn't, that will be persuasive.
Of course, on cross, I would ask Person A if he asked to see receipts for all this maintenance.
Is there anything you can ask Person A on direct that will explain why he relied so much on the statements of Person B? Any explanation why he trusted him?
Wel because he doesn't know much about cars, but have always been interested in buying a sports car
so he relied on his words
How did they meet? Did they know each other before? Mutual friend?
Person A found Person B's ad in newspaper
Try to focus your direct of Person A on what Person B said to him about the car. Prepare him for cross examination on why he did not do more to corroborate what Person B was saying. He has got to be prepared with good answers for those questions. Cross will be the key whether Person A appears credible.
then called to see vehicle and decided to purchase the vehicle. The two agreed that Person A would pay $24,000.00K first then pay $12,000.00K ten days later. Once the $12K is paid the title would then be transferred to Person A. However, Person A returned the vehicle due to mechanical problems that made the car not driveable.
I assumed that you were going to help with the direct examination questions? I need a list of them for this case?
I am going to beg off and let someone else pick this up, but you do not need a list and should not go off a list. Take a look at his deposition and which questions his answers were strongest. Consider what you can verify with other witnesses -- for example, you can verify that the car was not well maintained with car shop guy, so be sure that Person A says that Person B said he maintained the car. But without reading the depositions and knowing a whole lot more about the case, I could not possibly give you a list. Also using a list is a bad idea because the testimony does not flow. You want to just make a list of subject areas (again using the deposition testimony as a guide) and then let the questions flow from each other. The presentation will be more believable.
can you make my question avail to others? Thanks.
I already did so when I left earlier. The question is unlocked.
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