Can I sue a private car owner for selling me a lemon with no bill of sale and paid in cash.?
I didn't test drive the car myself because the owner said, there are no tags on the car, so I let him drive. Trust, can make you so STUPID!! When I drove the car off of his property the oil light came on. I called him back and asked him what was the deal and he said, I told you that I've never had a problem with this car, put some oil in it and if you still have problems call me back and I will handle it but I never had any problems with the car we just got a new car and we are not using it." So, being trusting I went on and the next day the engine light came on. I took it to a professional mechanic and they told me the engine was blown. What can I do
Public Comments
- no
- Unless you get a written guarantee, sales from private owners are "as is". Doubtful the engine is "blown", or it wouldn't run at all.
- Sure you can sue, and you might win. If the amount is within limits, I'd suggest small claims court in your town/county. Reduces cost. Your claim would be intent to defraud. Seems like there would be ample circumstantial evidence here. He conveniently arranged things so you couldn't test drive the car.
- You can sue; based on the presentation here, you would be throwing bad money after worse.
- You can sue, and there is a chance you will win. However, it's more likely that you will just be wasting more money since most private car purchases are 'as is'. You might have a better chance if this person has a history of selling bad cars or if you had a written statement that the vehicle has no issues AND your mechanic inspects the vehicle and shows that it has had problems that were covered up. Realistically though, you bought a used car from some guy without test driving it. Did you check the oil level before you bought it? Did you let the car run for a few minutes and see if it was leaking / burning oil or if the oil light came on? It's quite possible that he never did have any problems with it, but you took your new car out, stuck your foot into it, and broke something. It's not his responsibility if that's the case, and you will have a hard time proving that's not what happened.
- "Blown"? mabe be you need a second opinion. If the engine was "blown" you woudln't have been able to drive it out of his property or even drive it to the mechanic shop. I think this mechanic is also trying to make a fool out of you. My own car have "engine light" always ON. So make sure the car has a "real" problem and not just a mechanic trying to score with you and your wallet. As for the guy yes you can sue him if the car has a "real" problem but your chaces of winning will be 50-50, the other guy will claim the car was good when given to you. Next time take the car to a "honest" mechanic before paying any money.
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