QUESTION
Do I have a case against a man who sold me an unsafe car in a private sale? How?
Asked on Sep 14th, 2015 on Personal Injury - Utah
More details to this question:
Do I have a case in small claims against a man who sold me a 1956 Chevy without disclosing major problems with the car, and lied about the condition of the car? This was a private sale. According to a certified mechanic, the car was so unsafe to drive that it endangered my life and anyone sharing the road with me. I have proof that he was aware of these problems. I would like him to pay for the new part and the cost of labor to replace it.
5 ANSWERS
Sure you have a good case but you need to show knowledge or reasonably should have know declaration by mechanic under penalty of perjury stating that, cost of repairs, proof of purchase price. Check if your state has any Lemon Law statutes for car sales. If the amount you paid is less than the cost of repairs the judge might only award the lower amount. The Court can only award money and can not order that the prior owner make the repairs. Make a demand on the seller for a specific amount of money. There are at least two books I know of about how to win Small Claims cases in California go to your local public library.
Answered on Sep 15th, 2015 at 5:19 PM
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More than likely there is no case here against a private party/
Answered on Sep 15th, 2015 at 1:09 AM
Ronald A. Steinberg
You violated all the rules. A used car, without having your own mechanic inspect it. Not from a certified dealer. The ONLY way you can sue is if you can prove fraud.
Answered on Sep 14th, 2015 at 7:59 PM
James Eugene Hasser
Maybe. It really depends on exactly what was said and not said.
Answered on Sep 14th, 2015 at 6:36 PM
Lisa Hurtado McDonnell
Do you have anything in writing? Otherwise it you word against his. Most car are sold as is without warranty. The burden of proof is one you.
Answered on Sep 14th, 2015 at 5:39 PM