I recently bought a “new” used car, online, from a fellow who said he had to sell it ASAP because he was leaving the country. I asked him straight out if there is anything wrong with it, to which he replied no. We negotigated a price and the title was signed over to me along with a paper statement saying that I had paid in full the price we had agreed upon. Now, only a few days after the sale, I’m noticing some problems with it, including a fail of smog and a roof (its a convertible) that doesn’t go up or down without manual help. I took it to a local dealership and they noticed it was the same car as the previous owner that had brought it into their dealership last Feb. They had quoted him a price to fix the problem, and therefore he knew there were problems with the car when he sold it to me. Thus, at the very least, fraud.
I guess my question is, do I have any legal recourse I can take against him? Or am I out of luck? If it helps, I have the address he lived at, and the previous license plate number (but not the license as it was a vanity plate).
I’m not a lawyer, and for real legal advice of course you should consult one. My WAG is that you’re out of luck and have learned an expensive lesson. If push came to shove, it would be your word against his. What’s to keep him from saying, “Hey, I told you it needed work.”? You don’t have a printed advertisement, warranty or any other documentation to prove your assertion. In the future, realize that buying privately is a sure-fire situation for “buyer beware.” Next time, insist on having a mechanic check out a used car before you buy it.
I am not a lawyer and am certainly not your lawyer, just talking out my ass here. But depending on the costs, your state might allow you to recover that much in small claims court. I don’t know the details of how this process works - but if he is out of the country he will either have to come back, hire representation or take a judgement without representation. If it was judged in your favor and he works for a US company, with a bit of effort you could probably get paid eventually. So, odds are good that if you treat this is a hobby and do it yourself that it will cost him more than you - either in his travel or defense costs - and if he doesn’t defend himself I would expect you to win. What are the odds the time you put into this will be rewarded? Bad, unless you like the revenge angle.
I’m not sure what you should do, but a written statement from the mechanic would definitely be in order, along with documentation of what you paid him etc. Filing a small claim action is something that is most likely documented on a website for your district.
I don’t know where you live, but in the U.K. I don’t believe you have any recourse - caveat emptor applies. Your local Trading Standards office and Citizens Advice Bureau will be able to give you chapter and verse.
Thank you for all the helpful feedback. I’m not sure whether I’ll persue it further or not but I know for sure next time I won’t be so trusting. Shame that there are people out there who could care less about others. :smack:
It’s not necessarily a matter of dishonesty on the part of the seller. There may be problems with a car or a house that the owner is not aware of. In both cases, you should get a professional inspection before purchase.
Very true, also if they gave you a list of things they know are wrong, you would be less inclined to make the purchase. When I sold my house, I bought appliance insurance for the buyer incase some appliance failed after they bought the house (1 year term?).
FWIW, how did you pay for the car? If you gave the seller a bank check, go to the bank and have it stopped/reversed.
A few years ago, a friend of mine sold a car, got a bank check for it, deposited the money, and three weeks later, their bank took the money back out of their account. The buyer alleged undisclosed flaws in the vehicle, and had gotten her bank to reverse the payment. It ended up in district court-the buyer had to pay the seller’s expenses and give the car back.
You can try sueing him in Small Claims Court. If he doesn’t show up, you win the case by default.
Possible problems, though:
You have to give the Court an address at which they can notify him of the case.
After you win, you have to collect. The Sheriff will help, but only after you do much of the work. For example, they will sieze money from his bank account to pay the Court-ordered judgement. But you have to find out what bank he uses & the account number or name, and tell that to the Sheriff.
Where do you live? In California, it’s illegal to sell a car without first smog checking it. I don’t know about other states, but it’s worth looking into.
Actually, I thought the same, at first. When the car didn’t pass the smog check, I went ahead and did it myself, giving the seller the benefit of the doubt. But, the dealer told me that the seller was quoted a price for the EXACT same repair that I took it in for today, quite a costly repair, and declined. Therefore, I KNOW that he was not only aware, but clearly LIED to me about the car not having problems.
Out of curiosity, did he tell you that there was nothing wrong with it through email or through verbal communication? If it was through email, you could use the emails to help prove your case.
True, but it’s also a shame that someone making a major purpose like a car wouldn’t take the basic steps required to protect themselves - I’ve never heard of anyone buying a used car from another individual without getting it thoroughly checked over, and if the guy was headed out of the country, it seems even more surprising given that you had to realize you would have little opportunity for recourse.
"When selling a California registered vehicle, the registered owner of record must:
Provide the purchaser with evidence of a valid smog certification.
Smog certificates are good for 90 days from the date of inspection. The smog certification is not required if the owner or buyer signs a statement that smog certification was submitted with renewal fees within 90 days prior to the transfer date (a vehicle inspection report may be required for proof of certification)."
Not necessarily. I am unfamiliar with the requirements in California, but in Wisconsin one may employ alternate methods of notification, such as having a notice published in a newspaper that is legally allowed to accept such notices. Then one submits to the court documentation of the alternate service and that suffices. Law firms have staff people who start every day reading all the legal notices in various publications.
