I bought a car off of a private seller and got it checked out a couple days ago. The mechanic said it has significant rust damage and would fall apart if ever in an accident. I wanted to know if there was anything I could do about this, there was no warranty.
When a private seller lies to you about something that was important to you in deciding to buy their vehicle, lawyers call that Fraud. If no lie takes place though, then you may be stuck. Generally there is no liability by the seller in a private sale for anything except to answer questions honestly and sign over a good title to the vehicle. But if the seller knows something that they realize you would want to know, like the fact that the vehicle is not usable or is dangerous to use in its current condition, etc, then that may be fraud. Some folks think buying a used car from a private person, not a car dealer, always means you buy it "as is" but that is not necessarily true at all. The "as is" idea has to do with contract law and contract rights, the actual purchase itself. Fraud is different and is independent of contract law, but related. Unless the lie is obvious, you have the right to rely on what the seller tells you to be the truth. Each state has its own definition of what fraud is but in Kentucky it basically is a lie that costs (or can cost) you money. If you find out quickly, you may have the right to cancel the sale if the vehicle is still in substantially the same condition as it was when you got it. If not, or if you don't find out for a long time, then you still have the right to recover damages for being lied to. Your damages will typically be the cost to repair the car up to the condition you thought it was in when you bought it, or the difference in value of the car (between good car and bad car). If it was cheap, then you may be able to use your local small claims court. If not, then you need to see a Consumer Law or Car Sales Fraud attorney to get help. The good news is that for fraud, you usually will have the right to get your attorney fees paid by the person who lied to you too, on top of your damages or remedy in court.
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