Does the Unfair and Deceptive Practices Act apply to a used car sale by a private seller?
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Does the Unfair and Deceptive Practices Act apply to a used car sale by a private seller?
The car fails to pass admissions because the check engine light would not light up when all the other lights are suppose to. Later I found out, only that light was tampered with and can not be fixed. It will be impossible to pass admissions with out that light inoperable. Therefore, I cannot register the car in my name. Can I legally get my money back from the man who sold me the car, who is also a mechanic?
Asked on July 21, 2011 Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states there are laws concerning unfair and deceptive practices pertaining to unfair business pracrices by an established business which do not apply to individuals who are just making a sale of their vehicle to a person.
However, all states have laws precluding deception and fraud by members of the general public whether they are in a specific business of selling a product or not.
From your question, if the person who sold you the vehicle which has a lot of problems that were not disclosed to you before sale is a mechanic, most likely he knew about the problems before sale. If he knew about the problems with the car you bought and did not disclose them to you before sale, you can sue him or her for costs of repair or better yet, sue to cancel the purchase (rescind) and seek all you paid due to alleged fraud by the seller. You have the burden at trial in proving your claims.
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