Legal Question in Consumer Law in Oregon

I bought a vehicle from a private seller. Before buying the car I had it checked by a mechanic and I test drove it, everything seemed fine. The private seller told me the title was clean and handed me a clean washington title when I gave him the money. But, I went into an Oregon DMV to get a title transfer, and they told me the car had a salvaged title. They said I need to get the frame checked before the car can be concidered street legal. I told the seller about it, he took it to the frame shop for me. He brought it back from the frame shop, he told me the frame is perfect and handed me a report from the mechanics. The writing on the paper was illegible and so I took it to the frame shop myself. They remembered checking the car and said the frame is bad, it has unibody damage. The seller does not want to give me my money back, he says the car was sold "as-is." However, he did misrepresent the title and from what I know, that is considered fraud. What do I do?


Asked on 2/19/10, 7:37 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

If you are willing to sue for only $7,00 or less, you would file a suit in small claims court. The process is described at http://www.osbar.org/public/pamphlets/smallclaims.html. Small claims court does not require at attorney. If you want more, you would sue the seller in regular county circuit court. Technically, you do not need an attorney for that, either, but the process can have complex pitfalls that would benefit from an attorney's experience and knowledge.

From your description, the seller has engaged in fraud, even if he never promised you a clean title in the first place. But, of course, he did promise you a clean title and so in also in breach of contract.

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Answered on 2/24/10, 11:15 am


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