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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Here is the thing. I wanna buy a car last November. I am

Customer Question

hey. here is the thing. I wanna buy a car last November. I am buying this car through my friend. I gave her earnest $2,000. But when this car arriving I find out there are few problems with this car, like the back-up video and steering wheel. I am really not satisfied with this car, so I don't want to buy this car. We don't have any paper work on this car and I didn't sign anything. All we have is chat record which is Chinese. And she gave me two option whether buy this car or give her about $6,000-$8,000 for her loss. I don't know why I have to buy a car I don't want to. I am thinking take this to court. Is there any chance that I can win? Thank you
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Unfortunately, your friend is likely to prevail in this dispute. You entered into a contract to purchase the vehicle, and you have it in writing (text messages, regardless of language, are a form of writing).

As you are buying from a private party (as opposed to a dealer) you are not going to be able to impose any warranty terms (such as an "implied warranty of merchantability") on the seller - so the fact that there are a few problems with the vehicle is not going to cause the contract to be void. (The only exception would be if you can prove that she misrepresented a specific or material aspect of the vehicle to you in order to get you to buy it).

While the amount of money that she is demanding as liquidated damages for your breach seems awfully high, you may be able to negotiate a reduced value and payoff for it in order to release you from the contract. If you do reach an agreement, make sure to get it in writing.

If you cannot reach an agreement through direct negotiations, try using a mediator, your local bar association can give you referrals to third party neutrals (including those that are fluent in whatever language you require for your transaction) to help you reach a mutually agreeable resolution to the matter.

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