Legal Question in Consumer Law in Virginia

''Transmissions woes''
Hi,I live in Richmond,Va and I purchased a vehicle 7 months ago from a used car dealership.before I made the purchase I asked ''owner'' were there any major problems with vehicle or has anything been rebuilt or replaced Eg (Engine,transmission,etc) I was told a resounding ''No'',well needless to say the transmission went on the car and it is going to cost me $2500.00+ to have repaired.I was informed by the transmission repair shop that ''someone had previously did a rebuild on transmission but did not do the upgrades required,I even asked if my driving habits could have caused the damaged and was told no.The damage to the torque converter was obviously there at time of purchase but not evident because of previous work done.In fact I asked seller to please provide me with a ''carfax'' and he said that it showed no major repairs ever done.I have contacted seller and asked him to take some responsibility for not disclosing information about this vehicle,I have yet to get response so I am wondering can I sue him for damages or cost of repair.(I asked him to pay half)I do not know what if anything I can do the purchase was not ''AS IS''and I believe he was at fault for not telling me that tranmission had been rebuilt,thanks for any help.

Asked on 1/09/05, 10:12 am

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

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Re: ''Transmissions woes''

Certainly you can sue him. The difficult question is will you win. This is a classic example of misrepresentation or fraud. Had the seller remained silent about the past example, it would be a difficult case. But where you specifically asked, and he specifically answered, then any false statement becomes clear fraud or misrepresentation for inducing you to enter into the contract.

However, the problem will be in proving it, not in the legal theory or legal possibility of suing. Since the conversation was only verbal, the seller can deny the conversation. Then again, you will also have to prove that something had been rebuilt or replaced, making the seller's statements clearly false. You will need to bring in the mechanic as a witness to testify that the problem indicated that the seller's statements were false.

Answered on 1/09/05, 3:49 pm

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