Legal Question in Consumer Law in California

Bought a car from private seller

Found an ad online for a used car and it says it runs well. Brought a friend with me, we test-drove it & made a quick check on it. I thought it run well. My friend said transmission was slipping, no other problem.I bought the car but after 5 days it broke down. The repair would cost me more than what i paid for. I want to sue the seller for fraud because he did not disclose the problems of the car in his ad. I want my money back. We have no Bill of sale/no receipt for the cash I paid. Do I have a strong case?


Asked on 11/25/08, 6:25 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Bought a car from private seller

No, you do not have a strong case. Simply because the seller said that the car "ran well" in his ad doesn't mean that he knew of any of the problems you have experienced. Moreover, unless you have received some guaranty of the usefulness of the vehicle, you purchase it "as is," meaning you purchased it in its current state. The fact that you also had a "friend" check the car and found no problems, other than the slipping transmission, doesn't help you. In fact, if the problem you have experienced relates to the transmission, you probably have no case because you knew there was something wrong but purchased the vehicle anyway.

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Answered on 11/25/08, 6:52 pm


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