What are my options if I was scammed on a usedcar purchaseby a private party?
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What are my options if I was scammed on a usedcar purchaseby a private party?
Yesterday I purchased a used truck. I was led to believe that there were no mechanical issues with it, aside from needing tires and maybe a break job. The truck broke down before I made it home. So, less than 24 hours after purchasing I’m looking at a minimum of $350 in transmission work. No where on the add or bill of sale does it state it was being sold as is. Do I have any recourse to either return the vehicle for a refund or compensation for repairs on a major defect that wasn’t mention during the sale?
Asked on June 30, 2011 under General Practice, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, a private party is under no obligation to provide a warranty or guaranty on a vehicle sale. However, they are also not allowed to commit fraud. Fraud is an intentional (so, deliberate) misrepresenation (or lie) that is material (or about something important), made to induce the buyer to purchase the vehicle (so made to get you to buy the truck), which the buyer relied on and which it was reasonable for the buyer to rely on (so the average person would have relied on what was said). If fraud was committed against you, such as by the seller stating the truck was in good mechanical shape and working order when he knew there was a transmission problem, you may have grounds to either sue for compensation (the cost of the repairs) or to rescind the contract and get your money back. If the seller won't provide this voluntarily, you'll need to sue him for this, but may be able to sue in small claims court, to keep your costs down. Good luck.
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