Legal Question in Consumer Law in Texas

used car purchase from private party

I bought a used car from a private party and found out that the car has been wrecked in the past. The seller says he did not know this. What is my position of any possible recourse? The seller (is)has sold other used cars, but is not a dealer.

Thanks


Asked on 12/01/05, 4:12 am

2 Answers from Attorneys
TC Langford Langford Law Office

Re: used car purchase from private party

Probably no recourse. You have the burden to establish that the seller knew of the prior history and deliberately concealed it from you. TCL

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Answered on 12/01/05, 6:50 am
Peter Bradie Bradie, Bradie & Bradie

Re: used car purchase from private party

If you can trace the title to show that the seller knew, or should have known, that the car had been wrecked you may have a chance at getting judgment against him. Collection upon the judgment may be more difficult than getting the judgment.

Usually when you buy a used vehicle you are buying it "as is" unless a written warranty is given with it. The exception is where the seller withholds material information; i.e. salvage title.

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Answered on 12/01/05, 9:30 am


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