Can we sue under UDAP law for a seller who knowingly sold us a car that was not in the condition advertised?

UPDATED: Jul 29, 2011

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Can we sue under UDAP law for a seller who knowingly sold us a car that was not in the condition advertised?

I purchased a used car from and individual about 2 weeks ago for $5,500. Immediately noticed radiator leak, squealing and power steering locking up. The person that sold us the car said “Nothing wrong with car – perfect running condition”. We took car to mechanic today and he found a hole in radiator, head gaskets and power steering needs replacing; total estimate as of now $3,000, plus we have to rent a car until it is fixed (approximately 1 week plus). Can we sue the people that sold us this car deceitfully?

Asked on July 29, 2011 Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the Unfair Deceptive Practices Act (UDAP) if you have a factual basis that the seller of a vehicle defrauded you with respect to a car that you bought, you can bring a legal action against him or her under this act as well as common law fraud in the county of the state where the transaction happened. As the plaintiff, you have the burden of establishing your claims against the seller.

You will need to get a mechanic to act as an expert witness regarding the car's poor condition soon after receipt by you.

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 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.

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