Legal Question in Personal Injury in New Jersey

Private party car purchase with implied warranty?

a friend of mine purchased a car from a man who in an ad in the newspaper stated the car was as good as new. the car is 4 yrs. old and appeared to be in good condition. we later found that the car had mechanical proplems that the owner knew about. We also found that the mileage on the car didn't match that on a repair sheet we found. can we sue for the money back for the car based on an implied warranty or is the contract with the man void if we can prove odometer fraud????


Asked on 1/28/04, 7:39 pm

1 Answer from Attorneys

Re: Private party car purchase with implied warranty?

Be practical, and start with the cost to repair... how much are we talking about here?

Second, what do you want? Repairs paid for? Your money back? How long agowas the vehicle purchased? A month, or a year ago? These are ALL very significant issues.

If the cost to repair is significant or the car has other problems or high mileage, then just file in Special Civil Part for up to $15,000.

For the mileage, call the local manufactures dealer, and ask for the last shown service and mileage. If there is an oil change sticker, check with them. If you can show the mileage as 90,000 mi. say, on 11/11/01 and the mileage at the time it was purchased was less or a little more, you have a case for fraud.

For repairs, get 3 estimates. Try to find out if the guy sells cars regularly. If so, you may be able to get him under the Consumer Fraud Act.

Good luck!

Kevin J. Begley

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Answered on 1/29/04, 11:11 am


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