Legal Question in Civil Litigation in California
Private seller deliberately lied and commited fraud
I bought used truck from private seller.Stick shift so he drove on testdrive.Told seller for 16yr son &need truck in good mechanical cond.&doesn't need lots repairs.He assured me it ran great& no major problems.He agreed toget smog cert. nextday befor sale.Next day said he couldn't get test done,he tried 5-6 places,all full,no opening.Said he didn't have time get test for 1-2wks,he sure it will pass&if I get test,he'd take off $200 for my time&cost.I live in non-enhanced zone&had pay DMV $279 to change owner befor could test.Took to test& found out he lied,he did have it tested on day of sale & failed a ''gross polluter''Also smog parts altered & missing.Shop says be $700-1000 repairs to pass. Test& cost total $445 sofar.Can't drive truck till pass & �. finished.Seller is 18 &probally hard to collect from. Pink slip list owners as him OR his mother.She responsible too?Sale at his home in different county,where do I file?Has caused severe financial hardship.I'm single mom on SSDI & son in special-ed school.No transportation provided.Why bought truck.Till refunded full amount& buy another vehicle or truck is repaired &pass smog& registred,son has no way getto school.It starts in 2wks.Can I add this cost too?
2 Answers from Attorneys
Re: Private seller deliberately lied and commited fraud
You have a contract case involving the purchase of a used car. Used cars are bought "as is", however if there is a material misrepresentation you can void the contract or agreement and give him the car back and have him return you your money under the formation defense of Fraud. Or you can sue him in small claims for the money needed to bring the vehicle into smog compliance. The seller of a car is responsible to make the car pass the smog test when he sells it. If he sold you the car in your county, you should sue him in your county, if not sue him in his county.
Keep on this guy. It sounds like he clearly knew what he was doing and now he is trying to get away with it. The mom is responsible for the smog compliance if she is on the title. You can name her in the suit as well. Be sure you have all the documents when you go to court. Good luck-Martin.
Good luck-Martin
Re: Private seller deliberately lied and commited fraud
In small claims court, you can sue for up to $5000, and should do so. You have a great case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
