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car not in condition stated in bill of sale

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mechcpl

Junior Member
What is the name of your state (only U.S. law)? Mississippi

I bought a car from a seller in MD and had it shipped to mississippi, and upon receiving it i noticed there were scratches like key marks down the sides that were there when the seller shipped it. the doors also dont close right and are dented in around the door latch, the door panel is coming off and the interior was dirty and missing parts and there were exposed wires in the trunk from where the seller ripped out a speaker box. The pictures from the ad show the car in pristine condition i have pics of the exact same rim from when i received it and the ones in the ad, they are completely different condition with broken and missing parts. the seller said she took those pics in august and parked it afterwards and made the ad listing it with 69k miles. this is alot of miles so i ran a carfax and an autocheck report and found nothing that i didnt know. i then asked for a pic of the odometer and it was at 72k miles a little different but not much and on receipt it was at 75K+ but was parked the entire time? I just want my money back and she is saying no and for me to just sell the car myself if i am not happy with it. my bill of sale sys the car is in GOOD working order and was mechanically inspected and was acceptable condition referring to the engine.

edit: it was a private seller not a dealership there were scratches on the front fascia also and touchup paint on the driverside headlight and i was also told after i recieved it on nov 15th, that it had been stolen and recovered previously leading to a comp claim. all the touchup paint covering up the scratches were fingered on and not done correctly. i do have records and videos of everything on this car and the photos that were sent to me and from the ad.
 


JETX

Senior Member
So, you paid for a car sight-unseen, without any independent mechanic inspection and you now have buyers remorse??
Sounds like you are stuck with that vehicle.

Your ONLY hope for recourse is to file a small claims action (assuming it is $5k or less) in her state (Maryland) and convince the court that the seller made 'fraudulent statements of fact and that you relied on those fraudulent statements' in making the purchase.
These statements will have to have been in WRITING as to the condition (your claim they were made verbally is not sufficient).
So, keep a copy of all statements and pictures sent BEFORE the purchase as to the condition of the vehicle... then document EVERY item that was not as promised.
Finally, hope that the court sees it your way.

If the total cost is more than $5k, you will need to hire a Maryland attorney to handle the matter.
 

mechcpl

Junior Member
if i may? why in maryland? i had the car inspected by a mechanic the only thing stated was a code which i have nothing visually wrong stated. I am in the military that is why i was unable to go to maryland and look at the vehicle. also the car was bought for $18,900. also when the car was purchased it still had a loan on it does this matter at all?
 
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Zigner

Senior Member, Non-Attorney
if i may? why in maryland? i had the car inspected by a mechanic the only thing stated was a code which i have nothing visually wrong stated. I am in the military that is why i was unable to go to maryland and look at the vehicle. also the car was bought for $18,900
I will NEVER understand why somebody would buy a vehicle, sight unseen, for such a large amount of money.

You will have to sue in Maryland because that's where your defendant is and that's where the sale took place.
 

mechcpl

Junior Member
i bought it from the pics that were taken of the cars "current" condition. i am military and can not just leave the state to view a car i want to buy.
 

Zigner

Senior Member, Non-Attorney
i bought it from the pics that were taken of the cars "current" condition. i am military and can not just leave the state to view a car i want to buy.
So, you trust a total stranger to send you accurate pics of a car?

Have all of the individuals and businesses that sell cars gone out of business in Mississippi?

In ANY case, it matters not. You need an attorney.
 

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