What to do if I purchased a used vehicle from a private party and it has mechanical issues?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I purchased a used vehicle from a private party and it has mechanical issues?
The seller advertised the vehicle as having, “No check engine light no maintenance required at all…motor and transmission are in excellent condition.” Test drove car on surface streets only and seemed fine. On my way home, after purchase, the car showed symptoms of having mechanical issues (lost power going up grade and engine started jerking). I took the car to my mechanic and he said that the “Check Engine” indicator lamp had been purposely removed so I would not see it illumintated, indicating that there are issues with the car. My mechanic hooked it up to a diagnostic computer and four error codes came up. Is there any legal action that I can take against the seller?
Asked on July 30, 2013 under General Practice, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the car had you known its true condition.
Your damages (monetary compensation you are seeking in your lawsuit for fraud) would be the amount you paid for the car and your mechanic's bill. You can also seek punitive damages ( a substantial amount) to punish the seller for the fraud he /she perpetrated.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.