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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10310
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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We bought a use the jeep in Colorado. The selling person stated

Customer Question

We bought a use the jeep in Colorado. The selling person stated the car was in good shape and ran well just had been parked. We drove the car 10 miles home the transmission blew out before reaching home it would not shift. I believe this person knew about this that's why the car is been sitting what are my methods or actions to take in order to get my money back and return the car to him I believe he misrepresented the car. I did sign as is but I believe this is a case of misrepresentation.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
This was a private transaction? were there any written documents or oral representations?
Customer: replied 1 year ago.
Yes it was a private transaction. There was a bill of sale and the title and that was it. We did ask to take it to mechanic and he said it was a perfect car and just recently seviced and ran well so we signed as is but I believe he misrepresented the car as it did not even make 10 miles.
Expert:  LegalGems replied 1 year ago.
Thanks; a few minutes please.
Customer: replied 1 year ago.
There were 2 witnesses one family member and other friend to his statement car was good
Expert:  LegalGems replied 1 year ago.
Thank you; so there is no statute that governs private transactions or an agency that handles complaints. However, there are common law causes of action that can provide relief. 1. Breach of contractAn agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.1. Offer2. Acceptance3. Intention (meeting of the minds)4. Consideration (fair value exchanged)For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair). So one can void the contract, asserting that the transmission goes to the very heart of the matter (a car is supposed to be able to be driven; the issue prevents that- the very heart of the matter). 2. MisrepresentationMisrepresentation is when a party does the following: (1) a representation was made; (2) that was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff rely on it; (5) that the plaintiff did rely on it; and (6) that the plaintiff suffered damages as a result.Fraud in the inducement is similar, basically misrepresentation designed to entice the buyer to enter the contract. It requires: The defendant made an intentional action, statement, or omission; The misrepresentation was material to the decision to enter into a contrac; The plaintiff reasonably relied on such misrepresentation, and The plaintiff suffered some degree of injury, usually economic harm.If the statement that the car was a good car was made so that one would sign the contract, that would be an example of fraud in the inducement. With oral contracts, it will come down to who the court believes - if there was misrepresentations/assurances made re: the condition of the car. If the seller asserts it was as is, and the court believes that, then they would not allow recovery. The opposite would be true if the judge, as fact finder, believes that the 2 witnesses were credible. I would suggest hiring an attorney to write a demand letter, requesting return of the money and return of the vehicle, based on the above causes of action; if that fails, then one would need to bring a private lawsuit. small claims if amount is less than $7500: General civil if greater damages.
Customer: replied 1 year ago.
Hi still there?
Expert:  LegalGems replied 1 year ago.
Yes, I am!
Expert:  LegalGems replied 1 year ago.
Did you have any follow up questions on this? If so please post here; otherwise kindly rate positively so the site credits me for assisting you. Thank you!