Legal Question in Consumer Law in Pennsylvania

Car doesn't perform as represented

My daughter traded her car (and also received cash) that wasn't running to a private party that represented their car as in good running order and reliable. The trade occured on a Monday and the followed Sunday the transmission failed. Does she have any recourse?


Asked on 10/29/07, 4:21 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Car doesn't perform as represented

You asked about the purchase of a defective car.

Most sales, of anything, are "as is." It is the foundation of "caveat emptor" which is Latin for let the buyer beware. This is specifically true with automobiles, unless the sale took place through a dealer (a person regularly engaged in the sale of vehicles).

The only time that a sale wouldn't be final is if the seller was required to tell the buyer about a defect. In this case, if the seller knew the transmission was going or concealed that fact then there may be a cause of action.

When buying anything, especially, used and especially homes or cars, it is important for the buyer to have an inspection performed by a competent authority to check for anything that may be observed that is wrong which would affect the sale.

Based on the information you provided it doesn't sound like there is any recourse.

Regards,

Roger

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Answered on 10/29/07, 5:12 pm


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