Legal Question in Consumer Law in California

purchased a missrepresented vehicle.

About a week ago I found an ad online for a vehicle. When I contacted the person he agreed to let me see the car and test drive it. He was currently not in possession of the vehicle so he sent me to his brother's house. Although there were many missrepresentations at first such as the car being automatic when the ad said it was manual and saying it had a spoiler and didn't, I overlooked it. Then after the deal was made I handed him the money, he handed me paper work from a police auction, but nothing was signed. I got home and looked over all the papers the car turned out to be a different year than it was advertised, the car was not registered to the man who sold it to me, it was still basically the auction's. The tags on the vehicle were from a different vehicle (probably a stolen sticker). The ad said the vehicle was up to date on the registration and it wasn't. I've tried contacting him but he refuses to accept my phone calls. He claimed at first that he couldn't give me my money back because he had spent it on bills. Then the last time we spoke he told me he never received any money and to talk to the person HE got the car from and hung up. So what can I do? I've tried talking to the police, the DMV, and the auction owner.


Asked on 1/29/09, 4:37 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: purchased a missrepresented vehicle.

You paid cash money for a car and you didn't get the pink slip in return? Let me guess. You are 18 and this is the first car you've ever bought. Now you will have your first small claims court case, but I'm not optimistic. I bet you don't even know the guy's real name or address.

Read more
Answered on 1/29/09, 4:40 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: purchased a missrepresented vehicle.

Call the police and explain that you are the victim of a crime. They often try to tell victims of fraud that the matter is simply a civil dispute. Be polite, but do not accept that as an answer. Insist that you are the victim of a theft crime and ask that they take a report and that they investigate. An investigation should at least scare the seller and maybe persaude him to unwind the deal. If that doesn't work, you may have no choice but to file a civil suit against him.

Read more
Answered on 1/29/09, 5:05 pm


Related Questions & Answers

More Consumer Law questions and answers in California