I recently bought a used truck from a private seller. I asked all the pertinent information about the vehicle and it turns out the seller lied about the vehicle's condition. By law what can I do? Yes it was over $7000.00 and I have spent $2000.00 trying to repare it. Please help.
2006-08-30 14:59:31 · 6 answers · asked by dioress007 1 in Cars & Transportation ➔ Buying & Selling
Asuming he didn't offer you a warranty -- unheard of with private sales -- you have no legal claim. Or unless you can PROVE that the seller rolled back the odometer or possibly washed the title you have no recourse.
As a buyer, you have an obligation to satisfy yourself that the purchase meets your needs and is as advertised. A prudent buyer would have a vehicle inspected by a qualified mechanic if they didn't know much about vehicle mechanics themselves. And a prudent buyer would pull a vehicle history report from CarFax or some similar service prior to finalizing the deal.
If you failed to do your "due dilligence" then you pretty much shot yourself in the foot. An expensive lesson.
When it comes to latent defects, proving what the seller knew is nearly impossible and the courts usually will not get involved in those claims. And it's also entirely possible that the seller was unaware of any latent defects himself and the truck simply chose to break down after you purchased it. Bad luck, but it happens.
2006-08-30 19:12:09 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Sorry ladybug,
I have to agree with the others, your pretty well stuck. About your only option is to check and see if you can file a suit in small claims court.
Are there any specific claims he/she made that you could contest with any proof that you were mislead?
Do you have ny documentation of service history such as oil changes etc? If so you could attempt to verify that these receipts are legit.
I've actually seen devious sellers create fake receipts and records in an attempt to mask the fact that it hasn't been maintained.
New Mexico does have a used car lemon law but it's only for dealers and not private sellers, and even at that it's only required that dealers provide a warranty for the first 500 miles or 15 days.
Good Luck
Jerry
http://www.usedcarwise.com
2006-08-31 04:57:12 · answer #2 · answered by usedcarwise 4 · 0⤊ 0⤋
Aside of what he said, did you not check it out yourself? Take it for a test drive...have a mechanic look at it...its really hard to prove in court what the seller misrepresented....if you bought a lemon, live with it...a used vehicle from a private sale has no implied warrantee.
2006-08-30 15:07:28 · answer #3 · answered by cbmaclean 4 · 0⤊ 0⤋
No warranty at all. You should have inspected the vehicle yourself. Did you even test drive it? Never take anyone's word for the condition of a used vehicle.
2006-08-30 15:06:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Did he sign papers stating the condition of the vehicle? Take him to court.
2006-08-30 15:04:55 · answer #5 · answered by m1ndless 1 · 0⤊ 0⤋
He could have promised you a brand new car if the car ever died, but unless you got that in writing or have him on tape promissing it, then you got nothing.
You can take him to court but he can just deny everything and since private sales are always assumed to be "as is" you will lose.
2006-08-30 19:21:35 · answer #6 · answered by Anonymous · 0⤊ 0⤋