Can you think of an instance involving a private 2-party transaction, involving a used car, that the law would support injured party in seeking remedy due to misrepresentation of condition and viability of the car sold? This involves claims specifically made (and unsolicited) that certain repairs were made using brand new parts.
Since evidence now shows that these parts were not replaced, the stated repairs to address symptoms were never made either.
Car is now completely unusable due to the cause of symptoms which seller stated were attended to, and done so using brand new parts. Naturally, without the statement that new parts were used, we'd not have a way to determine whether seller's claim of making repairs were true or not.
In GA, any car sold between private parties is sold AS IS, and I understand that. However, I am wondering since during the transaction, explicit statements were made to represent and substantiate viability of the item being sold - and in-fact outright lies told in order to convince me of the viability - fraud occurred resulting in taking money in exchange for a car that was known to have a fatal problem. A problem that would in-fact make the value of the car 90% less than what was paid in the transaction.
Facts:
Seller purchased car from original owner who sold it because it had been established that the problems she was experiencing was very likely a fatal flaw: blown head gasket.
Seller purchased car in the parking lot of the repair shop that the seller had used for the lifetime of the car.
Seller was told that the car very likely had a blown head gasket.
Seller bought car anyhow and had it towed to his residence.
Seller then volunteered, when asked by me and my companions, why the car had a faint antifreeze odor, that he'd "just topped off the coolant." He then said, after acknowledging the comment from buyer that this particular BMW has a history coolant problems, he'd "taken care of EVERYTHING, including: new water pump, new thermostat, new axillary fan, new expansion tank." He then stated that "you won't have to worry, everything has been taken care of."
There is NO bill of sale. I was emailed a blank bill of sale with seller's signature and no other information.
Proper transfer of title did take place.
I took car this past weekend to the repair shop that had serviced the car the entire time the original owner had the car. I explained the situation and learned the facts regarding reason for original owner selling car, how the transaction took place, any interaction that occurred between second owner (our seller) and the repair shop.
Repair shop said, to their knowledge, our seller purchased an expansion tank, only.
Seller remains unreachable since leaving his house with the car the day I bought it.
What I know:
I used bad judgment during this transaction.
Bottom line is, the transaction is, by default, AS IS.
The seller knew the car had serious problems with cooling system and covered up the disposition of said problems by making false and misleading claims which suggested his knowledge of the problem, and the problem was resolved because the seller made the repairs using parts that have now been identified as NOT NEW. A direct contradiction to his claims.
So I bought a car that was represented as having a certain viability with specific parts installed (in brand new condition) during repairs to address a severe problem. Subsequently, my understanding of the potentially fatal flaw was that repairs were made to address this issue, and told I didn't need to worry - by the seller.
End of story? or do I have a reasonable claim to bring against seller in small claims court?
I'd really appreciate any insight into this. As it stands, I have a $7000 BMW sitting in the driveway, and it is now a paperweight. It was my only car and I have no means at all to get another car.
Thanks in advance,
Stephanie
GeorgiaPrivate used car seller lied about repairs made, any remedy?
Keep in mind... even if you took the seller to small claims, the burden of proof is still on YOU.
Without anything in writing to the effects you're stating, the law is on the seller's side. If you are in the legal profession (and your statements under your "fact" list include a TON of conjecture and hearsay), you know that any used vehicle transaction is automatically "as-is" unless noted in writing to the contrary. The seller's "legal duty" to disclose info was fulfilled in the eyes of the law (I'm assuming everything you present is honest) as he did disclose that he switched parts. Whether they are new or not is not an issue for the court. Having new parts does not guarantee the buyer any sort of inherent satisfactory performance of the vehicle.
Here's what's going to kill your case... the part where you say he told you to "not worry, it'll perform fine" (or whatever he said). This is NEVER taken into evidence by a court against the seller. It is called "puffery" and holds no water in any state laws. And your statement of "seller dishonestly withheld info" is your opinion, and this is very, very difficult to prove.
No matter how it's diced-up, the burden of proof is upon the buyer to determine whether or not a vehicle is fit for sale. Hence the whole "as is" piece of the state laws in place. If these were taken out of the vehicle statutes, we'd have folks purchasing convertibles on Friday, returning them on Monday.
Now, would I have purchased this vehicle even with all of the red flags in place? Not a chance. But, that's just my opinion. I've owned my share of BMW vehicles, and can tell you that used, out-of-warranty ones are very prone to their share of gremlins.
So, can you sue him? Of course. Will you win? 99.5% chance the answer is "no".
You own the car. You have no recourse. Period.Private used car seller lied about repairs made, any remedy?
No the problem is any used car in any state is sold as is your best option was to take the car to a mechanic who could verify by visual inspection any parts that were replaced and through his knowledge and his skill could have tested various systems on the car to verify condition. Unfortunately, for some reason, many people skip this step, and rely on the previous owners explanation. Had any new work been done, you should have had records to prove this work was actually done on the car. There are sadly lying cheating greedy people who do to you this same thing to many people across the country everyday.
you need to protect yourself from people like this by having a mechanic inspect and do a engine and transmission diagnostic. Most newer cars when plugged into a diagnostic computer actually diagnose them self's, and also give codes for what parts need to be replaced. Im not sure what happened to Your car, but have faith that somehow it will work out. There are ways to get used parts, and while the buyer misrepresented your vehicle lets hope it is able to be repaired and get you on the road That was some letter I must admit, you appear have a extra ordinary mind. Here are a few websites I recommend, one is carcomplaints.com so in the future you can check and make sure a car you are interested in is not on the worst cars to own list, and www.samarins.com is a free website on how to buy a used car, what to look for and what to look out for, as well as some used car reviews. I am a firm believer in a cold start test drive of ANY used car. I check the engine oil to make sure its clean and the automatic transmission dipstick to verify the fluid is reddish and not black or burnt smelling. I start the vehicle up after sitting overnight, It should start easily, smoothly and quietly, no loud bangs, and no smoke clouds. warm it up for a few minutes to get the oil circulating, then take off in it like I stole it. I want to know if it will get up to 55 mph in the first 5 to 7 minutes of being started cold in the morning. Any used car that can get up to freeway speeds after only a few minutes warming up, may not be in too bad of shape.
I also make arrangements for a 40 minute to one hour test drive, and check that all the accessories and safety features such as turn signals, and brake lights, all work as they are supposed to . Make sure all power windows work well all the way up and all the way down several times each. Once Im sure this is a good car for me, I return to the owner, and contact my mechanic and make arrangements to get the vehicle inspected. I have usually contacted my mechanic ahead of time, so I know I can get a vehicle in to the shop on short notice, and get a one hour inspection as needed. This is the best way I know to protect your self from dirt bags who sell crappy cars. Beware of some one who warms a car up well before you test drive it, many cars with major problems just starting up, my run badly cold, but once warmed up, run tolerably well. Im sorry to hear your hard earned money was taken by a crook, have faith that things will somehow work out.
"AS IS " does not include lies. if a private lies you DO have recourse. problem is if it was verbal, then ot hard to prove. But if you can find a printed ad that has some lies in it or if he wrote down the lies . Then you woud have a good case. "AS IS " does not include lies.
good luck.Private used car seller lied about repairs made, any remedy?
As-Is. End of Story. You had the right to have the vehicle inspected by your own mechanic before purchasing it and chose not to. When spending $7,000 on a car it's always a wise idea to have it checked out before you buy it.
well not really.......cuz like you show and know.........buyer be ware......applies.....
a dealership? probably been better place to buy cuz you have some recourse in
that respect due to relations and integrity......but dont think even in claims court
you'd get anything done on it cuz of the law/rules on cars. this all should've 'smelled' to
you from the get go/I would've backed away n gone on my way to somewhere else........
