How to sue someone for selling a bad car?

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How to sue someone for selling a bad car?

We bought a car from someone who told us it is was in good condition. They also told us the bill of sale acts as the title so we can get tags on the car. However they also failed to tell us the car can not pass emissions so we can not gets tags on the car or pass emissions. It have come to our understanding now that it is illegal to sell a car without a title and unable to pass emissions. What can we do? We need the title or at least our money back. Also, we want them to fix what work needs to be done to the car so it can pass emissions.

Asked on July 10, 2012 under Business Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written about the car that you purchased, it sounds that given the emissions, title and repair issues you would be better off cancelling your purchase of the car based upon fraud (failure of the seller to disclose material facts to you) that had you known the true facts you would not have made the purchase.

Depending upon the purchase price, small claims court may be an option for you. If not, you should consult with an attorney that practices in the area of consumer law about having a complaint drafted and filed in the county court house against the seller of the car and served upon him or her if the seller will not voluntarily return the money you paid in exchange for the return of the car.

 


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