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Richard, Attorney
Category: Business Law
Satisfied Customers: 55614
Experience:  32 years of experience practicing law and a businessman.
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I purchased a big rig for $ 80,000.00 from a private seller

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I purchased a big rig for $ 80,000.00 from a private seller .I work only for 1 day and it got problem .Now its been 1 month truck sitting in shop and i had to make a payment of $1500.00 He hide the fact that engine was overheated and damaged . Now if properly fixed it is costing $15000.00 .He is willing to pay only $5100.00 .I told him to take it back he said no .I want $10,000.00 from him . But he is not ready for that . Please Advice ?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You want to raise the stakes on your seller. You do have recourse here and you want to raise the stakes on your seller. 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 rig. The damage to the engine would qualify as something that a reasonable buyer would consider significant. Thus, you have recourse. If the seller is not willing to remedy the situation by refunding your money or paying for the repair and your other damages, let the seller know you will be filing a claim not only as a breach of contract case, but also as a deceptive trade practice action, which will entitle you not only to actual damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That typically provides plenty of incentive for the seller to settle this on your demands rather than to face the possibility of these punitive damages; but, if it does not, file the suit.

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Customer: replied 4 years ago.

Repair is costing me $15000.00 Lost one month of working revenue of $8000.00 .So What will be reasonable amount i can get from him ?

Thanks for your response. You would clearly be entitled to the $15,000. It would be up to the court to determine whether you would be awarded lost wages, but if the seller won't reimburse them to you and you have to sue for the deceptive trade practice claim, you can cover your lost wages by way of the punitive damages awarded you.
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