Legal Question in Consumer Law in California

Bought a Lemon

I fell into the trap of buying a vehicle from a private party who seemed trust worthy without having it inspected. I went to take the van for inspection after I had it for two weeks. There is now $1900 worth of repairs to the engine needed in order for the van to even start (cyliner head blown.) I have not had this vehicle for more than two weeks when I get this news and the price of repairs is more than half of the cost of the van. Is there anything I can do? The seller said that the engine was in good condition with only 15 000 miles on new engine. So I feel that I was mislead.


Asked on 1/28/05, 6:58 pm

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

Re: Bought a Lemon

You can try suing in small claims court for the cost of fixing the van, and rely on the seller's representations that the engine was in "good condition with only 15,000 miles on a new engine." If the engine was not new, had more than 15,000 miles on it, or was not in "good condition," the seller misrepresented material facts which, if known by you, would have made a substantial difference in whether you purchased the van or not.

However, you can bet that the seller will deny ever having made those representations, and unless you have one or more witnesses willing to testify that they heard the seller make those representations, it may be difficult to prove. You may want to have the mechanic who is telling you that the cylinder head is blown to testify on your behalf.

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Answered on 1/28/05, 7:13 pm


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