Legal Question in Consumer Law in Arizona

Re: Can you Sue for False Advertising or Misrepresentation?

Of course you can sue. The real question, and I'm sure what you meant, is whether it will be worthwhile.

Your question raises important issues about Internet or long-distance commerce, and there's uncertainty about them. If the seller was in a different state, the immediate questions are: can you sue them here; and does Pennsyvlania law apply?

If the dealer regularly does business in PA, advertises here, ships cars here regularly, etc., then it is probably subject to PERSONAL JURISDICTION and can be sued in a PA court.

But just putting a listing on an internet site would not necessarily be enough.

Used cars are usually sold "as is," without any warranty. You've put your finger on what needs to be proved: actual misrepresentations about the quality and features of the car.

The chances of success also depend on any contracts which might be part of the deal. Finally, even if you sue and win, if the dealer is distant and ignores the suit, you still have to collect the judgment.

Anyhow, PA small claims courts have jurisdiction of claims up to $8,000, so either consult a local attorney, or go visit your local district justice, get a Complaint form, and try to do it yourself. Sounds like you don't have much to lose.

Finally, your question also illustrates a cautionary tale about internet deals and why sites like ebay have all kinds of warnings.