Is there a legitimate legal justification for pursuing the recovery of costs of an emissions inspection and back taxes from the seller of a used car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a legitimate legal justification for pursuing the recovery of costs of an emissions inspection and back taxes from the seller of a used car?
I recently purchased a used car from an individual. Other than verbally asking the seller about the following issues and verbally receiving a dishonest answer, proper due diligence on my part was not performed. Upon registering the vehicle I was informed that there was no current emissions test on the vehicle, and that back taxes on the vehicle from 18 months prior to the purchase were due. Do I have any legal justification to recover these amounts (totalling $361.81) from the seller through small claims court?
Asked on June 20, 2012 under Business Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may be able to sue on one or both of the following theories:
1) Breach of contract: when one buys a car, one is usually considered to be paying for an unemcumbered vehicle with clear title (so no back taxes) and which is legal to drive (i.e. passed emissions tests). Failure to provide such could be considered a breach of contract.
2) Fraud--it is often considered fraud to omit to disclose information that any reasonable buyer would assume the seller would disclose, such as that a car is not presently legal to drive on the streets (emissions) and is encumbered (taxes). It is also certainly fraud to affirmatively lie about these things. Thus, the seller may have committed fraud.
Other fraud or breach of contract could provide a basis for recovering compensation.
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.