Consumer Protection Law

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Hello,Richard; another attorney here...

Hello,Richard; another attorney here on justanswer helped me. Here is our conversation. I would like a second opinion. Also there has been an update and can be found at the bottom of the page. Thank you !I purchased a used vehicle through a private party. The agreed sell price was for 15000. The agreement was to pay 10000, drive the car home and pay 5000 within 2 days. The agreement was made verbally; no paperwork. I was lied to, and the car has many issues. I don't want the vehicle ;seller is refusing to return the money, and demands the rest. Any advice is greatly appreciated! Thank you

Lawyer's Assistant: What state is this in? And how old is the car?

California

Lawyer's Assistant: Has anything been filed or reported?

31 years old no, nothing is reported

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it, thank you!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!Good afternoon. The seller is the one in default here and not you. Even though it's a used car and there is 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. Your car's isssues would clearly be something the seller knew or should have known about and they would clearly qualifies as material items that a reasonable buyer would consider in making their misrepresentation. If he does not agree to take the car back and refund your money, you want to raise the stakes on your seller. In that case, you should send the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand he take the car and refund your money in full within a short specified period of time. Inform your seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, 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. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!12 March 2018 02:37Hi Richard,There has been an update; I was in the middle of writing the payment demand to send out.
The seller texted me:
I have consulted with my lawyer and now give you three solutions:
1. I agree that you return the car to me, but I can only refund you a $7,000 deposit.
2. I reduced the original price of $15000 to $13500 and sold it to you. You paid me $3,500 to take the title.
3. I will give you three days to consider. If you have not given me a reasonable and accurate reply before 03/16/2018, I will call back to my car and will not refund any deposits you have paid. .My question is, on what ground does he have to demand this? Thank you
12 March 2018 02:38In the third solution he meant to say he will call the police and get his car back

Submitted: 3 months ago.Category: Consumer Protection Law
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Answered in 21 hours by:
3/13/2018
Consumer Protection Lawyer: insearchoftheanswer, Lawyer replied 3 months ago
insearchoftheanswer
Category: Consumer Protection Law
Satisfied Customers: 56,871
Experience: Practicing lawyer for 31 years
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Hi. I've already addressed this so I will opt out of this one.

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