Legal Question in Consumer Law in California
Used Car bought on Ebay
I bought a used car on Ebay. The car was advertized as being a nice California car in good running condition with a nice white convertible top and great exterior. (Interior was listed as fair). Picts made the car look like it was in excellent condition. I bought the car ''As is'', without inspecting it. The car was shipped from El Cajon (Southern Cal) to me in San Francisco. I collected the car from the shipper and it broke down on the drive to my home. The car is completly inoperable and is not in the condition that it was advertised as being in. What can I do?
3 Answers from Attorneys
Re: Used Car bought on Ebay
Have an expert confirm condition of car, take listing and advertisement with you to small claims court when you sue or if more than $5,000.00 loss, take it to regular Superior Court.
Re: Used Car bought on Ebay
When you buy a car or most other goods the doctrine of caveat emptor or buyer beware applies. . . in this case the car was advertised "As Is" and absent language that would give rise to an "Implied Warranty" or an "Express Warranty" you will really be fighting an uphill battle.
If you want to pursue it you would be best off retaining an attorney.
Good Luck
Re: Used Car bought on Ebay
typically when u purchase a car or any type of chattel on an "as is" basis, such a clause means the seller offers no warranties on the contractual purchase whatsover. however, if the seller intentionally and/or fraudulently misled you under the circumstances, you could have standing for various torts against the seller, of which you could even be awarded punitive damages. if you would like a free phone consultation regarding the specifics of your case, email us directly with your contact information today.
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