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Wondering what our rights are when buying a vehicle from a…

Wondering what our rights...

Wondering what our rights are when buying a vehicle from a private seller.

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

Washington State and its a 2006 Chrysler 300.

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

That's what we attempted to do today. The car was purchased in Nov. 4, 2017 and tabs expired in Dec. I tried to purchase the tabs on line however I was unable to since the title had not been transferred yet. We went to a local licensing office only to find out that there is a $125 penalty fee due to the time lapse between date of sale and today (my fault) and in addition the car needs an emissions test. The service person assisting us informed us that the car had NOT passed the emissions test prior to purchase and we would have to go get emissions done, take the failed receipt to a mechanic, pay $150 for a waiver then return to the registration office to pay $649 to make the car legal. The service person at the registration office suggested to get a new "bill of sale" and change the sale date to avoid the penalty fee. So we are trying to figure out how to contact the seller for that but I would like him to also pay for the $150 mechanic fee should the car fail emissions again since he did not disclose that information upon purchase.

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

My contact information is: ************ ************* email: *************

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

Not that I can think of now.

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Answered in 3 minutes by:
1/20/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,962
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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WA does not impose an affirmative obligation on the seller to ensure the car will pass emission testing unless the contract specifically states that;

If the seller represented the car was in a certain condition and the facts indicate otherwise, the buyer may sue for breach of contract and misrepresentation; normally damages are those that are reasonably foreseeable and proximately caused- so for example, the cost of getting the car in the condition in which it was represented or per the terms of the contract.

Otherwise if there are no representations then normally the buyer beware doctrine (caveat emptor) applies.

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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,962
Experience: Just Answer consultant at Self employed
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Customer reply replied 4 months ago
Thank you for your expertise and prompt response.Sincerely, *****

You are most welcome;

I noticed there is personal information such as your name and so I sent a request to the moderators to remove that personal information.
Thank you and take care

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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).

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