Legal Question in Civil Litigation in California
I recently purchased a car from a private party through an ad on craigslist. In the ad, the individual stated that there were a lot of new items that had been installed on the car, such as a timing belt, thermostat and coolant hoses and system as well as having a newer engine in the car. This ad attracted my attention and I went out to see the car. I took it for a test drive and it seemed fine. I purchased the car and the owner had me sign that I bought the car "as is." Within 20 minutes of driving the car home, it started to overheat and started smoking badly. I took it to a mechanic who informed me that the timing belt, thermostat, radiator and fuel pump needed to be replaced. These items were not new according to the mechanic. I contacted the seller to try and get back the amount for the items he claimed were new and he refused. I wish to take him to small claims court for 330.00 for the timing belt and thermostat and coolant hoses and the labor it took to replace these things. Do I have a case?
4 Answers from Attorneys
yes misrepresentation and fraud Good luck!
It sounds like you have a good case for fraud or negligent misrepresentation, unless something in the document you signed limits your rights (or the limitations period has expired, etc.). Depending upon the facts, you may have a valid claim for additional damages.
You have the basis of a very good suit. You need a statement under penalty of perjury from your mechanic as to what needs to be replaced, why, and cost with parts and labor and tax. He should also state that these parts were not new and how he could tell. Bring in the Craigslist ad to show what he promised and was therefore part of the deal. Taking something as is means subject to obvious defects and the seller knows of no hidden defects; it does not mean that his statement that the various items had been replaced was ignored. That was part of the contract, just as if the ad had said the car was red and it turned out to be green. Point out to the seller that if he will not refund the $330 you have no choice but to take him to court which will result in having to pay yor damages and costs and the credit reporting agencies showing that he has a judgment against him.
Even though you bought the car � as is � if he lied to you then that's fraud or negligent misrepresentation at best. You have a good case. Make sure you have a copy of the ad.
Good luck and go get them.
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