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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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