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I bought a car at an aution.The paperwork shows nothing

Customer Question
I bought a car...

I bought a car at an aution.The paperwork shows nothing about the aution, just the previous owners info. The car is riddled with major problems. Is this a pass through sale? What can I do?

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

California

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

Talked to the aution company. Thay could not do anything accept. resell it but will bring an lot less money and I'd have to pay 30% of the sales price.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Submitted: 7 months ago.Category: Legal
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Answered in 10 minutes by:
12/5/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,876
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Purchase of a used vehicle under CA law is deemed to be as is unless the seller provides a written warranty to the contrary. The CA courts hold in any as is sale, including at auctions, the burden is on the buyer to do their due diligence to inspect the vehicle as any hidden defects are the problem of the buyer and not the seller. It is only if the seller, the auction company, intentionally misrepresented the vehicle and you can prove they knew of the defects prior to sale, that the buyer could pursue a lawsuit against the auction who is the seller for violation of the implied warranty of merchantability. The Courts hold that buying used vehicles are a risk that you are buying something that has wear and tear and the seller is not liable except if they intentionally misrepresented and if the auction was held as is, then the titled owner or auction owner would not be liable.

The seller in this case would likely be the titled owner, not the auction company, who contracted with the auction company to put it up for auction (pass through) and as such you would need to prove the titled owner intentionally misrepresented major defects rendering the vehicle unfit for its purpose as warranty of merchantability provides. If you can prove that, you could sue for that intentional misrepresentation. If you cannot prove the seller knew of the defects prior to sale though, as I said, your claim would not succeed.

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