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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19635
Experience:  B.A.; M.B.A.; J.D.
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I recently purchased a car from owner. Before I purchased the car, I told the owner

Customer Question

Hello, I recently purchased a car from owner. Before I purchased the car, I told the owner if there is any check engine light. He said no, after I purchased the car the check engine comes on for the catalytic converter. On the carfax report the car failed the emission inspection and then passed in the same day. Which indicated that the owner took the car to another mechanic repair shop to pass the car inspection. I texted the seller and he suggested that to clear the engine code and that its not necessary thing.
what should I do
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Hello, I recently purchased a car from owner. Before I purchased the car, I told the owner if there is any check engine light. He said no, after I purchased the car the check engine comes on for the catalytic converter. On the carfax report the car failed the emission inspection and then passed in the same day. Which indicated that the owner took the car to another mechanic repair shop to pass the car inspection. I texted the seller and he suggested that to clear the engine code and that its not necessary thing.
what should I do

Response: You need to make a formal demand for the owner to pay for the cost of the repair because the owner LIED about the condition of the car when you specifically asked about the "check engine light." If the owner refuses to pay for the costs, then you may fix the problem and file lawsuit against the owner to recover your money or you may decide to return the car to the owner for full refund of your purchase price. If the owner refuses to take the car back, then you need to file lawsuit. Depending on the money that you paid, you can file this lawsuit in Small Claims Court. For more information, click on the link below:
https://www.nycourts.gov/courts/nyc/smallclaims/
Customer: replied 2 years ago.
Thank you for this information. I want more detail about formal demand. Is there any specefic form that need to be filled?. I live in syracuse ny and he lives in rochester. Its 1 hour and half from syracuse. Do i have to sue him in rochester?. Thanks
Expert:  Phillips Esq. replied 2 years ago.
Thank you for this information. I want more detail about formal demand. Is there any specefic form that need to be filled?.
Response 1: There is no form. You have to draft your own demand letter. Click on the link below for a template:
http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter6-4.html
I live in syracuse ny and he lives in rochester. Its 1 hour and half from syracuse. Do i have to sue him in rochester?. Thanks
Response 2: You have to sue him in Rochester. Most Courts now offer telephonic hearings. So, you may not have to physically be in Court in Rochester in order to prosecute this action. You need to check with the Clerk's office in Rochester to see if that Courthouse offers telephonic hearings and how you can apply for one.
https://www.nycourts.gov/courts/7jd/courts/city/