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Bought a car, seller was a complete liar

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NoNoName

Junior Member
I live in California. I bought a car, that was lowered and had 17 inch rims on it. I asked the seller if he would put the stock wheels back on and raise it. He said he no longer had the wheels but raising it would just take 15 minutes. He just couldn't do it that evening. He promised that if I brought it in to the shop where he claimed he worked at on Monday, he would take care of it and fix the check engine light and check things out while he was at it. Turned out he didn't work at that dealership at all, so I had to take it to another shop. Once they had it on the lift, we could see that the springs were actually cut. And the check engine light was a thermostat that had been disconnected and an O2 sensor that had fried out. The muffler had a hole that was soldered shut. And the oil pan was damaged from the car literally hitting potholes in the ground (that I had expected). So basically the dude had lied, not just about the condition of the car, but about who he was. And the guy not only refused to take the car back, he denied ever having said any of the things he promised he would do. I had brought my roommate with me who was car-savvy and he asked a lot of questions even I didn't think of. Problem is, I still ended up with a car with issues. Do I have a case? Can I sue him in small claims since he won't take the car back?
 


Proserpina

Senior Member
I live in California. I bought a car, that was lowered and had 17 inch rims on it. I asked the seller if he would put the stock wheels back on and raise it. He said he no longer had the wheels but raising it would just take 15 minutes. He just couldn't do it that evening. He promised that if I brought it in to the shop where he claimed he worked at on Monday, he would take care of it and fix the check engine light and check things out while he was at it. Turned out he didn't work at that dealership at all, so I had to take it to another shop. Once they had it on the lift, we could see that the springs were actually cut. And the check engine light was a thermostat that had been disconnected and an O2 sensor that had fried out. The muffler had a hole that was soldered shut. And the oil pan was damaged from the car literally hitting potholes in the ground (that I had expected). So basically the dude had lied, not just about the condition of the car, but about who he was. And the guy not only refused to take the car back, he denied ever having said any of the things he promised he would do. I had brought my roommate with me who was car-savvy and he asked a lot of questions even I didn't think of. Problem is, I still ended up with a car with issues. Do I have a case? Can I sue him in small claims since he won't take the car back?
Generally, Lemon Laws don't apply to non-dealership purchases. Were you given any warranty or promise?

Unfortunately for you, it tends to be a case of "caveat emptor" - buyer beware.
 

latigo

Senior Member
I live in California. I bought a car, that was lowered and had 17 inch rims on it. I asked the seller if he would put the stock wheels back on and raise it. He said he no longer had the wheels but raising it would just take 15 minutes. He just couldn't do it that evening. He promised that if I brought it in to the shop where he claimed he worked at on Monday, he would take care of it and fix the check engine light and check things out while he was at it. Turned out he didn't work at that dealership at all, so I had to take it to another shop. Once they had it on the lift, we could see that the springs were actually cut. And the check engine light was a thermostat that had been disconnected and an O2 sensor that had fried out. The muffler had a hole that was soldered shut. And the oil pan was damaged from the car literally hitting potholes in the ground (that I had expected). So basically the dude had lied, not just about the condition of the car, but about who he was. And the guy not only refused to take the car back, he denied ever having said any of the things he promised he would do. I had brought my roommate with me who was car-savvy and he asked a lot of questions even I didn't think of. Problem is, I still ended up with a car with issues. Do I have a case? Can I sue him in small claims since he won't take the car back?
Yes you do have a case, but not much of one.

By that I mean that you have no legal grounds to rescind the sale and get your money back because of any alleged misrepresentations by the seller as to the condition of the vehicle and/or mechanical defects that were discoverable upon reasonable inspection.

Your cause of action (legal claim/theory) is for breach of contract and is limited to recovering the cost of performing the work that he promised to do and failed to do. Which appears to be to perform the mechanical work needed to return the engine light to its proper function.

So if you are thinking that you can sue to set the sale aside and the return of the purchase price, forget it.

In stead think about weighing the costs and expenses of presenting you claim against your chances of prevailing in court - (very marginal in my opinion). Which cost will include paying an expert mechanic to testify what work was done or is needed in order to return the engine light to its proper function. Because according to your post that is all the seller expressly agreed to do, "fix the engine light".

The other business of his "checking things out" won't hold up as a promise to do anything other than to have a look see.
 

justalayman

Senior Member
blame your car savvy friend.


Obviously he is not as savvy as you believe lest he would have made, at least, a cursory inspection of the vehicle or recommend it be inspected by a qualified person. Several of the issues you mention are easily seen upon an inspection. Failure to see those problems (cut springs, battered oil pan, soldered hole in muffler (which in itself is not a problem other than you have a problem with it) could all be seen with the most minimal of inspections.



anyway, none of that really matters here though. I do see you have as having recourse though since the vehicle will obviously not meet a smog test. The seller is required to provide you with a valid smog cert. Since the vehicle obviously will not pass a smog test, it isn't going to happen
 

NoNoName

Junior Member
The stupid thing was, he also lied about the smog. He said it passed "a month ago" but it was past the 90 days so I would have to smog it again. And I'm not seeking to sue him for the cost of the car, but rather the cost to fix the problems. I've already gotten a written estimate and statement from a mechanic, and my roommate and I replaced the struts and springs ourselves. I was promised the repairs, but he lied about working at the dealership.
 

justalayman

Senior Member
The stupid thing was, he also lied about the smog. He said it passed "a month ago" but it was past the 90 days so I would have to smog it again. And I'm not seeking to sue him for the cost of the car, but rather the cost to fix the problems. I've already gotten a written estimate and statement from a mechanic, and my roommate and I replaced the struts and springs ourselves. I was promised the repairs, but he lied about working at the dealership.
All you have as far as I can see is the smog cert issue. The cert must be within the last 90 days. I don't see how you can adequately prove anything else.
 

Zigner

Senior Member, Non-Attorney
All you have as far as I can see is the smog cert issue. The cert must be within the last 90 days. I don't see how you can adequately prove anything else.
The recourse would be recovery of cost to make the vehicle pass SMOG. Replace the O2 sensor and reconnect the wire...
 

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