• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Bad Deal from a personal seller

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

AmaiHaley

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

Last week I purchased a car from a personal seller in the amount of $4500. The owner swore it was in good condition. He just got it inspected and recently paid taxes on the car so told the tag place it was a gift so that I didnt have to pay taxes twice. Therefore, I just had to pay for title, tag, and insurance, totally $675. Three days later the check engine light comes on. I get it checked out and find that there is a transmission problem with the torque converter. The pricing for this problem is around $3500 and I am devasted. I am a 24yr old single mother who just had a brand new baby 2months ago, therefore is not working. I took out a loan to buy the car. I definitely do not have $8675 to spend in one week for a car or I would have bought it off a lot. Furthermore, the car is not worth that much in excellent condition. Due I have legal rights to my money back?
 


antrc170

Member
Caveat emptor, in other words "buyer beware". The transaction appears to be complete and you are the owner of the vehicle. You could have taken the car to a mechanic for an inspection prior to purchasing the car. In order to file a successful suit, you would need to show that the seller knew, or should have known about the problem with the car. You said in your post that the light came on three days after the purchase. The only suggestion I have is see if a mechanic can determine the last time the 'check engine' code was cleared. If it was cleared from the vehicle in close proximity to the sale you may be able to convince a judge (or jury) that the seller knew of the problem, or should have known of the problem.
 

Antigone*

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

Last week I purchased a car from a personal seller in the amount of $4500. The owner swore it was in good condition. He just got it inspected and recently paid taxes on the car so told the tag place it was a gift so that I didnt have to pay taxes twice. Therefore, I just had to pay for title, tag, and insurance, totally $675. Three days later the check engine light comes on. I get it checked out and find that there is a transmission problem with the torque converter. The pricing for this problem is around $3500 and I am devasted. I am a 24yr old single mother who just had a brand new baby 2months ago, therefore is not working. I took out a loan to buy the car. I definitely do not have $8675 to spend in one week for a car or I would have bought it off a lot. Furthermore, the car is not worth that much in excellent condition. Due I have legal rights to my money back?
Why didn't the mechanic you hired to inspect the vehicle prior to purchasing find these problems?
 

dmcc10880

Member
Did you by chance have a bill of sale? Did it mention anything about "sold as-is, no warranties expressed or implied"?

If so, you are pretty much out of luck.

If not, then you might want to consider antrc170's advice. You could get lucky.
 

Antigone*

Senior Member
Did you by chance have a bill of sale? Did it mention anything about "sold as-is, no warranties expressed or implied"?

If so, you are pretty much out of luck.

If not, then you might want to consider antrc170's advice. You could get lucky.
This a private-party sale. A private-party sale is "as-is" unless otherwise stipulated.
 

dmcc10880

Member
This a private-party sale. A private-party sale is "as-is" unless otherwise stipulated.
You're exactly correct with the caveat being "unless otherwise stipulated".

The original poster did not elaborate on that. So we don't know.

We can surmise and believe there was no warranty. She can try to get her money back, but she has a huge burden of proof to overcome.
 

Zigner

Senior Member, Non-Attorney
You're exactly correct with the caveat being "unless otherwise stipulated".

The original poster did not elaborate on that. So we don't know.

We can surmise and believe there was no warranty. She can try to get her money back, but she has a huge burden of proof to overcome.
OP was clear. Seller said car was in good condition and seller had the car inspected recently. Sale is as-is. In fact, OP has NO proof that the transmission problem didn't (by coincidence) just occur AFTER she purchased the vehicle.
 

sandyclaus

Senior Member
I just don't get it...

So many people post their questions here regarding their used vehicle purchases.

Cars, trucks, motorcycles - for the most part, the law is about the same. Any sale of a used vehicle by a party is considered an AS-IS SALE. That means you buy the vehicle AS-IS - with all of it's defects, mechanical problems, etc., even those that the seller fails to disclose, unless you are presented with something IN WRITING that gives you a very specific warranty of condition or guarantee of fitness.

Very simply translated, if you pay for it, it becomes your problem. Doesn't matter what the seller TELLS YOU (verbally), if it isn't in writing, then any assurances, guarantees or promises that they make are only as good as the paper it's written on ("if it ain't in writing, it never happened").

That is why it is so critically important that when purchasing a used vehicle to have that vehicle thoroughly inspected by YOUR OWN mechanic who can attest to the ACTUAL condition of the vehicle BEFORE you buy it. (Don't use one they recommend - who knows if they will tell you the truth or just make something up on behalf of their friend, the seller.) Failing to do this just ends up hurting you if the vehicle breaks down or you have other issues that were not disclosed by the seller.

Some states, but not all, have laws that protect you if the vehicle is unsafe due to it's condition, or it the vehicle will not pass the state inspection or smog test.

Your best bet when purchasing a used vehicle is to know your state's laws beforehand, bring your own mechanic with you to inspect the vehicle, and remember to get everything IN WRITING before completing that sale. If you don't, then the old saying applies - Caveat Emptor (Buyer Beware).
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top