Legal Question in Consumer Law in California

Hello I purchased a 1990 Nissan 240sx from a private seller. As I was driving home on the purchase date the vehicle broke down on the freeway and I had to be towed. I had a mechanic take a look at it and said that the engine was blown and that it was a bad engine from the start. I called them back that same night and the following day. The craigslist posting said that the engine had just been rebuilt. I called the previous owners back and they said that they would not return my money back. The posting shows a different shift knob than the one that the car came with so if they are willing to change that then maybe they messed with the engine parts in order to get as much back from the car as possible. I have the pink slip signed by the previous owner but not from me and proof of all papers. The only thing he has is the attached piece that came with the pink slip and we did not do a bill of sale. Can I sue for my money back?


Asked on 3/01/10, 11:06 am

1 Answer from Attorneys
Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Yes - anyone can sue for anything pretty much - it does not guarantee a win though! In this instance the car blew up the same day you bought it and you can show up to court with an expert witness - ie the mechanic that looked at the car - you will need to subpeona him most likely as it will take up a day of his time - you may be able to recind the contract. Here is the kicker - if you paid more than $7500 you would have to sue in regular superior court costing quite a bit of money ust to file, but not too difficult IF it is as clean cut as you say and it better be or you will loose. You first have to send a certified return receipt letter to the seller and demand a recission of the contract and your money returned and list why - if you do not recieve a reply or they say no - then you may sue them. Make SURE you have all the evidence - the originals - the listing - the pictures AND your witness. You also need to act immediately - as even though you have a longer statute of limitations - you would have to consult an attorney on this due to lack of certain facts here - you need to make sure the car is in a safe place and no one else touches it. I would also check out your mechanic and make sure he/she is certified - to be safe and if you have a lot of money into it - I would hire a second person to look over the car and give you opinion.

The lesson learned is to always have the car checked by mechanic first - it is a lot of money and representing that it had a rebuilt engine may be totally true - it does not guarantee it works though by any means. If your court has a small claims advisor - I would make an appointment to talk to them to be sure you are doing things right. BY all means check your library or the bookstore for the NOLO press books on the subject. If you get totally lost - you need to find an attorney in your area - usually the local bar association has a very cheap referral service OR you can post a paid question here to get more info and be able to contct the attorney back and forth. Remember me if you do this! You can click my name to get me to answer more and be able to coorespond when you enter it as a paid question.

Good Luck

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Answered on 3/06/10, 12:16 pm


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