What are my rights if a seller knowingly sold me a defective car?
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What are my rights if a seller knowingly sold me a defective car?
I purchased a used car from a private party. The transmission went 10 days later. I came to find out that the owner was told it needed a new transmission. The car history report did not disclose this, but the dealer where he brought it to has this information. However because of privacy rights I cannot get the paperwork. What can I do?
Asked on August 22, 2011 New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the seller of the car that you purchased it from knew that it had problems with it before the sale to you consisting of, but not limited to concerning transmission issues, then you have the following options assuming you have the ability to prove liability and damages:
1. keep the car and sue the former owner for the costs of the repair;
2. rescind (cancel) your purchase of the car where you would restore it to the seller and pay him or her the fair rental value for it during the period of your possession and in return, you get your money back.
If you file a lawsuit against the seller of the car with the bad transmission, you can have a subpoena issued and served upon the dealer to obatin the information you want, namely the prior transmission problem that was not disclosed to you prior to purchase.
Good luck.
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