Legal Question in Civil Litigation in California

Car Deal Gone Bad Between "Friends"

My boyfriend and I purchased an '89 Probe from a "friend". It was supposedly in good condition. A written contract was lined up with payment scheduals and $400 down. 24 hrs later the car was overheating. My boyfriend tried to repair the problem, which did not work. He called the "friend" and told him the car was not in acceptable condition and did not want to buy a car that did not work. (This conversation being 48 hrs later). My boyfriend asked for the $400 back and told the "friend" to take the car back. The "friend" refused. I tried to cancel the check but it had already cleared. The contract stated that my boyfriend would make the payments, if not the car would go back to the "friend". No where did it state "as is". Only that my boyfriend had all rights to the car as long as he was making the payments, and he has responsibility OF liability. Isn't there some sort of "Lemon Law" or some way to get the money back?


Asked on 5/05/00, 1:08 pm

1 Answer from Attorneys
Jeffrey Zinder Zinder & Koch

Re: Car Deal Gone Bad Between

The "Lemon Law" does not apply to used cars. If the contract does not say as-is you may be able to claim that the condition was misrepresented although this may be difficult to prove. The seller of goods implies that the goods are fit for use but does not warranty they are free from future problems. You should attempt to return the car and ask for a refund, if refused you may be able to pursue the matter in small claims court. The problem is that even without the as-is clause in the sale you do take a risk in these sales.

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Answered on 6/21/00, 10:09 am


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