Legal Question in Consumer Law in California

Used Car died on day ONE!

I just bought a used 2001 VW Jetta from a private party.

The ad for the vehicle states that ''all scheduled maintenance'' has been performed.

On the way home from buying it today, the engine died. Initial diagnosis is that the timing belt broke and that the repairs could run up to $3,000 on a $6,500 purchase.

I spoke with the mechanic who did all the work for the previous owner over the last 3 years. He stated that he had never changed the timing belt. He did reccomend it IN WRITING on service paperwork that I have on this car from 2006.

Do I have any rights against this seller?

Thanks for your help.

Dan


Asked on 3/04/08, 9:26 pm

1 Answer from Attorneys
Lowell Houghton Law Offices of Hagop Chopurian

Re: Used Car died on day ONE!

You could sue him in small claims court for fraud. Hearsay is allowed in small claims court, so a written statement from the mechanic could be used. Course it would be better if the mechanic came to court. The limit in small claims court currently is $7,500

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Answered on 3/04/08, 10:19 pm


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