Legal Question in Civil Litigation in Texas
Seller lies to buyer about condition of car in private-party sale
I purchased a 5 year old car from a private party in Texas. The seller openly told me about recent repairs to the car and, in writing, said that the car was now in great condition. I took the car to my mechanic for inspection and all checked out. While driving home with the seller, after purchasing the car, the ABS light came on. The seller said that his mechanic must not have reset it and it would be something simple. I called his mechanic who told me that the seller knew that the car needed another ABS component that would run $1100. I have asked the seller to send me a check for the $1100 since he lied and knew that the ABS light comes on intermittently therefore my mechanic would not be alerted to the problem. Can I take him to small claims court? His mechanic is sending me the estimate/paperwork he gave the seller prior to selling me the car. My son was present when the seller lied about the light and I have email documentation that the car had been fixed and was in great condition. I have also had another dealer/service dept. confirm that this is the problem.
2 Answers from Attorneys
Re: Seller lies to buyer about condition of car in private-party sale
Small claims court is probably the way to go. However be aware that an issue could be made of your inspection. The recent case of Bartlett v. Schmidt in a real estate context held that such inspection defeated the "reliance"element of a cause of action. You can probably distinguish that case if the defect was not discoverable by your mechanic but it could be an issue.
Re: Seller lies to buyer about condition of car in private-party sale
Yes you can take him to small claims court.
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.
