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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55328
Experience:  Practicing lawyer for 31 years
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Dear, I've just purchase a 2007 ML350 for $8,500 with high

Customer Question

I've just purchase a 2007 ML350 for $8,500 with high mileage on it from a private party. But later found out that the seller paint over the "Check Engine Light" on the Instrument Cluster on the dashboard so I didn't see the warning sign of the Engine problem. It didn't even pass the Smog check (I paid first b/c the seller told me he didn't have time to wait for me to do the smog check and I agreed to pay for the smog check myself but it need to be passed which it didn't). And I brought it to MB for diagnosis and found out more problem: Not just the Instrument cluster been painted over, the cluster actually been disabled/disassembled and the Engine has big problem. It costs more than the price I paid to fix them all which I don't think it is worth it.
Wondering if I can bring him to the court ? And I don't just want to bring him to Small Claim Court to get my money back but also want him to get punished by law for what he done. Totally Fraud.
Please advise,
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 10 months ago.

Yes, absolutely, you have rights to sue for actual damages and punitive damages. Even though it's a used car and there may be no warranty, you still have recourse. 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 car. Here, not only did your seller fail to disclose, the seller deliberately misrepresented the car. This gives you the right to sue your seller not only for breach of contract, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages.

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