November 18, 2009
can i sue previous owner of used car for selling me a junk car?
john x asked:
ok i bought a used 2000 cadillac sls well when i meet up with him he told me very thing that was wrong with it. well while i was thinking of buying it i asked if it leaked any fluid or motor/trans problems he said no just the small things he told me. and i asked several times is he sure and he re-ensured me it was great. well after i get the keys and leave i start the car and it has all the problems i call and ask and he said o yeah i forgot to tell you the transmission sensor is bad, and i also found out it has head gasket issues(which he said was spark plugs).it was also leaking fluid and i asked what was it(when i was still looking at the car) he said water i asked is he sure and he said yes. well come to find out it was power steering. i called for my money back but he said no he doesn't know if i did that on my way back home i have a witness who was there when i bought the car and when it started to have all these problems. can i sue for my money back or am i stuck? i haven't drove the car but 20 miles and left it alone
Atlanta Buying Junk Cars
ok i bought a used 2000 cadillac sls well when i meet up with him he told me very thing that was wrong with it. well while i was thinking of buying it i asked if it leaked any fluid or motor/trans problems he said no just the small things he told me. and i asked several times is he sure and he re-ensured me it was great. well after i get the keys and leave i start the car and it has all the problems i call and ask and he said o yeah i forgot to tell you the transmission sensor is bad, and i also found out it has head gasket issues(which he said was spark plugs).it was also leaking fluid and i asked what was it(when i was still looking at the car) he said water i asked is he sure and he said yes. well come to find out it was power steering. i called for my money back but he said no he doesn't know if i did that on my way back home i have a witness who was there when i bought the car and when it started to have all these problems. can i sue for my money back or am i stuck? i haven't drove the car but 20 miles and left it alone
Atlanta Buying Junk Cars
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Comments on can i sue previous owner of used car for selling me a junk car?
10:24 am
Atlanta Buying Junk Cars
Look up the lemon laws for your state. You may be able to sue him for fraud, probably in small claims court. If he hasn't cashed the check put a stop payment on it.
10:26 pm
Atlanta Buying Junk Cars
it depends if he told you sold as is? if not sue him for lying to you about the car problems
12:03 pm
Atlanta Buying Junk Cars
im pretty sure you could, because he lied to you and used false advertising. you should have had a mechanic look at it before you bought it though but i think you can sue him
11:02 am
Atlanta Buying Junk Cars
Short answer: All used-car private party sales are As-is unless you got it in writing. You could try the small claims court route, but you'll have a 99% chance of losing.
Long answer: NEVER purchase a used vehicle without first getting it checked over thoroughly by a licensed mechanic. The seller can tell you anything you want to hear, and you can believe it all, but once you sign the title and drive off, every issue is now YOUR issue. It always pays to spend the $100 or so and have the car checked over. If you try to sue him, you'll get into a he-said, she-said battle of hearsay, and it will all come down to two things: 1) You didn't get it in writing, and 2) The sale is As-is.
EDIT** — Folks, the Lemon Law doesn't cover this. Sorry. Lemon Laws never apply to private-party sales. Also, you don't have 3 days, 72 hrs, 30 days, etc to take it back. AND, it wouldn't matter if the seller lied, you'd still have to prove it in court. And it is very difficult to do so.
2:56 pm
Atlanta Buying Junk Cars
A used Caddy is going to be junk.
If you had researched Caddy complaints (Yeah, googling '2000 cadillac sls complaints' does wonders!), you would have doen your homework and avoided this mess.
So, what's the real beef here?
You are pretty much SOL here unless you've got this in writing from the seller.
I bet you don't.
Enjoy your purchase.
1:33 am
Atlanta Buying Junk Cars
There is no lemon law protection for a 2000 model year car. This is 2009! There's also no lemon law protection when you buy a car from a private individual. Lemon laws are designed to protect the owners of NEW cars from serious, recurring defects in workmanship.
When you buy a used car from a private party, it is ALWAYS an as is sale. Always! The seller would have to give you a WRITTEN warranty for it to be to be anything else. You had the opportunity to drive and inspect the vehicle before you bought it. That is your only protection from buying a piece of junk. Once the money and keys have changed hands, you own the vehicle and all the problems (past, present and future) that come with it. You cannot sue the seller and he does not have to refund your money.
It doesn't matter if you had a car full of witnesses, this is what can happen when buying a used vehicle.