Bought a bad car from private owner

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Latest post 11-25-2009 4:12 PM by LynnM. 6 replies.
  • 11-25-2009 2:35 PM

    • bill1971
      Consumer
    • Not Ranked
    • Joined on 11-25-2009
    • CA
    • Posts 1

    Bought a bad car from private owner

    We had purchased a used car for $5000 that the owner said there was no problems with. The last $400 check for the remainder of the $5000 was cancelled by us when we found out a series of issues with the car. There is a major oil leak, it needed two new tires and the pulley for the AC unit is bad. We plan on taking them to smalls claims court to say we are not going to pay the $400 because we were mislead on the condition of our car. Any advice on this tactic?

  • 11-25-2009 2:44 PM In reply to

    Re: Bought a bad car from private owner

    "Any advice on this tactic?"

    Prepare to lose.  Buying a used care in a private purchase is an "as is" proposition and a buyer beware situation.  If you took the seller's word and failed to get the vehicle inspected for mechanical defects by your own mechanic prior to purchase then the court is going to tell you that you are stuck with what you got. 

    "it needed two new tires"

    This most likely won't even be seen as a major repair by the court either.  ALL cars regardless of whether purchased new or used will need tires at some point during ownership to that end it is considered maintenance not repair.  You would have eventually had to put tires on the car, just because it was sooner than you prefered doesn't give rise to a case against the owner.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 11-25-2009 2:45 PM In reply to

    Re: Bought a bad car from private owner

    Yes, you should have paid the remainder to fullfill the contract then filed in small claims court. Now you face the same for breaching the contract regardless of the condition of the car. BTW. Generally, all sales are "as-is" unless stated otherwise in writing. You had the option to inspect the car or have it inspected by a mechanic. You choose not too. Good luck.

  • 11-25-2009 2:51 PM In reply to

    Re: Bought a bad car from private owner

    bill1971:
    We plan on taking them to smalls claims court to say we are not going to pay the $400 because we were mislead on the condition of our car. Any advice on this tactic?

    Not only are you destined to lose on the AS IS purchase but you could be sued (civil) and prosecuted (criminal) for the bad check and you'd really be up the creek.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-25-2009 3:03 PM In reply to

    • donlemon
      Lawyer
    • Not Ranked
    • Joined on 11-25-2009
    • CA
    • Posts 1

    Re: Bought a bad car from private owner

    Be prepared to lose as their is no warranty with this vehicle and I would guess nothing in writing that would constitute a warranty. Paying the remainder of the money is the right thing to do. Next time, take your car to a qualified mechanic before purchasing from a private party.

  • 11-25-2009 3:53 PM In reply to

    Re: Bought a bad car from private owner

    I am not a lawyer, but here is what I do know for whatever it is worth.

    In most states, it's going to be an as is sale.  The only state that I know of where you might possibly have a chance is in MA.  If you buy a used car in MA, and it does not pass inspection, you may be entitled to your money back (I saw this on People Court, so you know).

    Otherwise, you very likely own the car.  You did not have the car inspected before purchase I take it?  I am a little surprised you didn't even notice the tires were going to need replacing.  This is likely a case of 'buyer beware'

     

  • 11-25-2009 4:12 PM In reply to

    Re: Bought a bad car from private owner

    Yeah - don't do it.

    The car was sold "as is". ALl you had to do was have it inspected by a mechanic BEFORE the purchase. Now you are stuck and you STILL owe the money.

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