Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I purchased a motor vehicle from a private seller on craigslist

Customer Question
for the amount of $1600...
I purchased a motor vehicle from a private seller on craigslist for the amount of $1600 cash in Nebraska. I have proof the seller said the vehicle did not need repairs.
They said, "89 Ford Probe GT, Trubo, 5 speed, New tires, New Fuel pump, New clutch, New battery, and rebuilt engine. Low miles, great condition, Sporty with good gas milage and very dependable"..."everything was replaced it was a school project when he was in college for auto. no bogging, no hesitation, no not starting, no hissing, or clanking either."

I test drove it myself and asked questions about things I found odd but the seller had a reasonable explanation for everything that I believed. It drove home to Colorado very poorly and when I had a mechanic check it they said it needed more than $2000 in repairs and were able to show me where it was leaking and worn and why the repairs were necessary for the car to be safe to drive. The seller's wife also forged the signature on the title in his name, instead of the seller himself. Is there any precedent for being able to file suit (or whatever it's called) against the seller for lying to me and being able to get my money back? I have tried to contact them in several ways without a response, to negotiate some sort of return that was reasonable, but I'm trying to explore other options at this point. Thank you for your time.
Submitted: 6 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
4/1/2011
Lawyer: JB Umphrey, Attorney replied 6 years ago
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

I am sorry to learn of your circumstances. There are two different perspectives.

JB Umphrey :

On the one hand, you can attempt to sue the seller for fraud and misrepresentation. In such a situation, you will have to prove that the seller really know these defects and intentionally lied to you about them to get you to buy the auto.

JB Umphrey :

On the other hand, there is "as is" doctrine -- meaning that all used car sales are "as is" unless you also purchased a warranty with the car. In this situation, I presume that you did not purchase a warranty. Thus, the sale was "as is" and you bought the car in its current condition, warts and all.

JB Umphrey :

Is there anything else that I can assist with?

Customer:

Is it any issue of voiding the transaction because of the forgery, in either case?

Customer:

Also- what would be the costs to me, to pursue legal action, relative to the amount I spent? (generally speaking?)

JB Umphrey :

Oh wow, well you'll have court filing fees, depending upon how much you sue for.

JB Umphrey :

Process server fees.

JB Umphrey :

And then if you win, and if he doesn't pay, then you'll have to spend more money tracking down his assets to garnish them.

JB Umphrey :

You should not be surprised to spend about $250 in court fees and cost when all is said and done.

JB Umphrey :

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer:

And If I lost would I have to pay anything else? $250 doesn't sound like a bad deal for this type of satisfaction. Is that a typical cost for Colorado?

JB Umphrey :

It's rare that a judge sanctions someone for filing a frivolous lawsuit -- but that's always a risk.

JB Umphrey :

The number I estimated is not unreasonable for a small claims case.

JB Umphrey :

However, if he lives in Nebraska, you'll have to go over there to sue him. The Colorado courts don't have personal jurisdiction over him.

JB Umphrey :

If you are satisfied that your question has been answered, you can select ACCEPT to close this thread and so that I receive credit for assisting you today.

Customer:

Ok, I just need to clarify a few more things. Would the forgery be an issue? I never actually met the person who's name the title was in. "He" was the mechanic. The only person I dealt with was his wife, who produced the title and signed it in his name. Would this make any difference?

JB Umphrey :

It may for the judge. It's too hard to predict because each judge can be so different.

Customer:

I understand. In your personal opinion, would you opt for filling suit or letting it go, if you were in this situation?

JB Umphrey :

It's really hard to over come "as is" sales. To avoid that situation, you're supposed to have the car inspected by a mechanic BEFORE making the purchase.

Customer:

That's true... it was a risky deal.

Customer:

personal feelings aside, the judge would probably opt for a conservative by-the book recourse.

Customer:

Ok, thanks.

JB Umphrey :

You are very welcome.

JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
Experience: Explains legal matters based on 14+ years experience.
Verified
JB Umphrey and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Explains legal matters based on 14+ years experience.

JB Umphrey is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I want to file in small claims court in Oregon because it's
I want to file in small claims court in Oregon because it's less than 10,000. Can you link me to the form that I need and also help me to understand the process of small claims court?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
275 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
An attorney is suing me in small claims court for not
an attorney is suing me in small claims court for not signing a settlement agreement in a case that i agreed to settle only after he agreed to lower his fee and expenses but then didn't do so. I refus… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
What is the statute of limitation for forgery in MD? My
what is the statute of limitation for forgery in MD? My estranged husband had my signature forged on some retirement documents 20-21 years ago … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
What is the statute of limitation for forgery in MD? My
what is the statute of limitation for forgery in MD? My estranged husband had my signature forged on some retirement documents 20-21 years ago … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,185 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I am a plaintiff in small claims court and was given a
Second opinion] I am a plaintiff in small claims court and was given a default judgment against debtors who did not appear in court. Now there is a motion to set aside the judgment. What are my rights… read more
vjna0508
vjna0508
Attorney at law
Doctoral Degree
0 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I am the defendant in a small claim in Wisconsin, the
I am the defendant in a small claim in Wisconsin, the Defendant and her lawyer did not appear on the scheduled court date - the court dismissed the case. They want to reopen the case, and have a heari… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
I was petition into court (housing) for forgery, and in
i was petition into court (housing) for forgery , and in court a long period of time , now the plantiff is singing a different tuneand saying im not the one , and the plantiff brought in a handwriting… read more
Bill Attorney
Bill Attorney
law
1,596 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x