i bought a used car from a private seller, he never mention that the car had a rebuilt title and it was defective. the agreement upon buying this car was that he will be able to fix the car no matter what the situation was as long as i was paying him. he finance me for a year(that was the term of the contract). as problems in the car started to appear he would have enough time to fix it, it it was sloppy, or incomplete. i decided that he was just taking my money so i stopped paying him. i asked him to give me back my 3000 dollar down payment as well as the 300 dollars that i had payed him for the first month that i used the car. he is refusing to give me my money, he claims that he must have possession of the car sell it to someone else and then he will give me the money. I need some help please!!!!!!
by the way the car is under my dad's name
First, this has nothing to do with vehicle accident claims.
Second, US LAW ONLY!
In general terms, here is an answer for you (but it could chance according to your state laws):
A private party vehicle sale is considered "AS IS" unless the seller provides a specific WRITTEN warranty or guarantee of fitness or condition. For this reason, it is ALWAYS recommended that a buyer have the vehicle fully inspected by their own private mechanic, so that they have a better idea of the true mechanical, structural, and cosmetic condition of the vehicle. That way, the buyer can make an INFORMED decision as to whether or not the vehicle is worth the price being asked and know if there are any major condition issues that will affect your decision to purchase.
It doesn't sound like you had a mechanic inspect the car before you agreed to purchase. It's almost certain that it would have revealed the rebuilt condition of the car, which could have been confirmed by looking at the title before completing the purchase. Sellers often lie or omit things in their vehicle description, especially if it will compromise the purchase, and it is up to the buyer to verify the condition before completing the purchase.
Since you bought the car sight unseen, it was purchased "AS IS" and you are stuck with it. You are NOT entitled to your money back. However, if the seller decides to, he can sue for the balance due on your contract if you fail to pay as agreed.
