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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118688
Experience:  Attorney experienced in commercial litigation.
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I brought a car from someone that told us that he had a good

Customer Question

I brought a car from someone that told us that he had a good car with no problems for sale for 900.00. We test drove it and when we were done we made a Verbal agreement that he had check out everything on the car and it was good so me and my partner decided to make the deal based on his guarantee that everything checked out. We offered to pay him 600.00 dollars we take posssesion of the car once the windsheild was replace whuch took him a week to do and then he still did not turn the car over until we paid the remaining 300.00 which was not apart of the deal in the first place. I received the car on the 29th of April the brought insurance and tags plus title transfer on May 8th which is when I started driving it the clutch went out on May 15th and when I told him about it he said that we burnt the clutch out so that's our problem. I have over 9 years of experience driving a manual car so I know for sure I did not burn out the clutch. I went to try and talk to him again before I seeked legal help on June 6 and in that descussion he told us the he did not check the car out because it passed emissions. He proceded to tell us we need to talk to the person he sold the car for because he didn't make any money off it. I need to see if I can sue for him violating the Verbal agreement we made in goodfaith. I drove the car for 15 days its been broken down for 24 days now and counting. I have tried to get help from them both because now either one is saying they sold the car.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that a purchase of a used car is considered as is. In order to sue him for violating the agreement you made about the car being in good condition, you would have to prove that he knew the clutch was bad when he made that agreement. Unfortunately, in a used car purchase, used cars break from wear and tear and he is not responsible for that if at the time he told you that everything was in good condition he did not have any knowledge about the clutch.
He did not give you a written warranty to cover all defects, you asked him if everything was okay and if to his knowledge at the time of the sale everything was okay (you drove it and it worked without a problem as well), he did not breach any agreement with you and the liability for the clutch is up to the buyer I am afraid.