This week I purchased a car that is less than 2 years old. It was a private sale and I asked the seller if there was any damage or anything wrong with the car. He said NO. I have now found what seems to be a major fault with the brakes that he would have known about prior to sale. What is my recourse??
2007-01-25 06:13:32 · 8 answers · asked by Mitan 3 in Politics & Government ➔ Law Enforcement & Police
If its not a written contract or agreement or warranty you fall into the class of "buyer beware". Auto dealerships have certain obligations and there are some laws that control their ethics but private citizens? Nope. And thank God for that. Many of us think we live in a world where we can do stupid things and then sue if we are not happy. How would the private owner know about the brakes if it was not apparent when you test drove it. Just fix the brakes.
2007-01-25 06:50:36 · answer #1 · answered by Tom W 6 · 0⤊ 0⤋
Go to a couple of brake places and get estimates of how much it would cost to repair the brakes. Then you can take the seller to small claims court. But you would need to have some kind of proof to show that he knew about the problem prior to selling the car to you...like have one of the brake places write a statement saying that it would have been obvious to the former owner that there was a brake problem for some time before he sold it.
2007-01-25 06:29:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Should have looked up the car history on carfax.All you need is the vin number and it tells you everything about the car.Some states have a lemon law..,but seeing that it was a private sale,it may not hold water as its usually sold as is and there are no warranties or guarantees.You can try in civil court but again..,usually private sales are as is.Good luck.
Also did you drive the car before you bought it?You should have been able to tell there were problems with the brakes then.
2007-01-25 06:21:49 · answer #3 · answered by jnwmom 4 · 0⤊ 0⤋
Buyer beware. I do not believe that there is a disclosure requirement for private party sales (check w/your local government). If he lied, you will have to prove it - tough deal when you take it to court and have to show how the seller had prior knowledge of the problem and tried to hide it from you.
Small claims court is your route if you want to sue him, but probably the first step is to see if you can return the car (unlikely as it may be).
Whatever you do decide to do, act immediately so if returning the car to the original is an option, it can be done quickly.
2007-01-25 06:26:26 · answer #4 · answered by David 3 · 0⤊ 0⤋
Unfortunately, a private seller does not have disclose any information about the condition of the vehicle. However, you can sue him if you can prove, beyond a doubt, that he knew about the brakes and said they were fine. But otherwise, since the car was sold as-is there is nothing you can do.
2007-01-25 06:21:46 · answer #5 · answered by j 4 · 1⤊ 1⤋
in case you delivered it "As Is" you haven't any recourse until eventually the vendor is prepared to renowned the fault. the main suitable you will possibly be able to desire to desire for is that the vendor might proportion the fee of restore. because of the fact of this you ought to constantly force the motor vehicle or maybe take it to a mechanic to work out if there is any undisclosed harm or necessary upkeep. with a bit of luck it is not an high priced lesson found out.
2016-09-27 23:39:27 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Unless you have some written contract, this guy could always claim he sold the car to you with the undertanding that it is sold as is.
2007-01-25 10:33:58 · answer #7 · answered by WC 7 · 0⤊ 0⤋
just fix ur brakes .
2007-01-25 06:19:28 · answer #8 · answered by martinmm 7 · 1⤊ 1⤋