Can i legally take a private car seller to court?

Question

We bought a 1997 Camaro z28 for 7,000 she said there were no problems what so ever with the car, now that we've had it i needed to replace the the wiring for the taillights the u-joints a new radiator and now i need head gaskets. all in the matter of two months!!!

Answer 1

Buyer beware. In my state, all used cars sold are considered sold as is. That means, that the buyer is responsible for any undiscovered damage or repairs. First, I'd contact the seller and ask if she was aware of these broken items. Tell her that you'd like your money back. Now, I realize she isn't going to give it back but legally it is a step that you need to do. If you feel that you've truly been swindled, then I'd recommend that you contact an attorney. Depending on where you live, you may be able to sue the seller in small claims court. Be sure that you document all communication and any bills incurred during this process. While I hope this situation works out in your benefit...I am doubtful. Peace.

Answer 2

if she said there were no problems with the car, that's something that you took into consideration when you decided to purchase and if she lied to you she committed fraud and thats actionable. Since you don't have anything in writing, its your word against hers, but its not totally impossible to prove cases like these. so while it may be hard to prove you do have a case, the evidence of the breaking car is good for you. also if you get her into small claims court and the judge asks her questions, its awfully hard to lie to a judge and she may end up sinking herself, so your proof may not need to be all that strong.

but these all sound like normal wear and tear, you could have just had bad luck. i know i bought a really nice used car and within 3 weeks the rack and pinion went out. there was no way the previous owners could have known that was going to happen. With tail lights and radiator can have the same sort of surprise situation so that when she told you there was nothing wrong, she was telling you the truth. i don't know about head gaskets or even what u-joints are, so if these are things that have symptoms, and she told you there was nothing wrong, even though she had felt the symptoms (like shaking or shimmying or something) then she lied and thats fraud.

getting it in writing is always better, but just because you didn't doesn't mean that you don't have a case.

Answer 3

Oregon has the lemon law, which give you 30 days after buying a used car (private owner) to return the car. This is ONLY if there is a major mechanical problem with the car that the owner HAD to know of and did not disclose at the purchase.

Answer 4

Since you asked her if there was anything wrong with the car and she said no, and you believe she would have noticed some of the problems you described, you can take her to court. Read your purchase agreement make sure that it does not state AS IS. If you do not have one then her statement of no problems becomes part of the Oral Contract. It is worth a try.

Answer 5

Did you have a contract? In the contract, if you do have one, it should have the price you paid and the condition the car was in at the time of sale. Also, this contract should have been notarized, but the Judge many accept it without a notarial signature. If you have this, you will win. Keep all repair bills. If you don't, it's her word against yours unless you had someone with you who overheard her say it was in great condition.

Answer 6

When you buy a car from a private seller, unless you have anything WRITTEN stating otherwise, you're buying that car AS-IS. So, really, you don't have a leg to stand on. Next time, have a mechanic check out the car first.

Answer 7

You can sue anyone for anything.
It may get thrown out of court though.
This would probably fall under "sold as is".

Answer 8

it is not very likely that you can. you would have to check your state laws. as with any thing bought used, it is implied to be sold as is with no warrenty.