Bought a Lemon from Private Party

[Mel0811]

What is the name of your state? TX

I purchased a car with cash from a private party who assured me the car was running perfectly. Nothing was signed and there is no warranty on the vehicle. I drove the car 10 miles and the engine completely died. I called the private party the same day to see if I could get a reimbursement and even offered to pay the towing costs back to his residence. He refuses to give me the money back. I have picture of the writing on the windows stating "runs good" "cold A/C" blah blah blah. Should I take this up in small claims or not lose even more money in court costs????? PLEASE HELP!!!!

Originally Posted by Mel0811

What is the name of your state? TX

I purchased a car with cash from a private party who assured me the car was running perfectly. Nothing was signed and there is no warranty on the vehicle. I drove the car 10 miles and the engine completely died. I called the private party the same day to see if I could get a reimbursement and even offered to pay the towing costs back to his residence. He refuses to give me the money back. I have picture of the writing on the windows stating "runs good" "cold A/C" blah blah blah. Should I take this up in small claims or not lose even more money in court costs????? PLEASE HELP!!!!

The car DID "run good". Unfortunately for you, it was only for about 10 miles.

Get the engine fixed and enjoy your new purchase. JMO!

What did the mechanic you hired to inspect the car prior to the sale say?

[Zigner]

What information did your Google search for Texas lemon laws turn up?
You didn't buy a lemon unless the vehicle was either covered by the *original* manufacturers warranty, or unless the problem started while the car was under warranty and still continues.

Here's a jump start from that Google search:

[url]http://www.dot.state.tx.us/services/motor_vehicle/texas_lemon_law/default.htm[/url]

[Mel0811]

I never had the car inspected by a mechanic (I've learned my lesson).

You're right, it doesn't technically qualify as a "Lemon" because there is no warranty covering the vehicle and it was purchased from an individual.

Thanks for your help!!

[panzertanker]

Originally Posted by Mel0811

Should I take this up in small claims or not lose even more money in court costs????? PLEASE HELP!!!!

Caveat Emptor.

Google it.

[Mel0811]

gee, thanks panz!

[panzertanker]

Originally Posted by Mel0811

gee, thanks panz!

You are welcome. Unfortunately, based your post of:
1. nothing signed
2. no warranty

YOU have the burden of checking out the car BEFORE you buy it. That means that if you did not have it checked first, or get a warranty, you are buying it "as is".

In your case, "as is" turned out to be "in bad shape".

[seniorjudge]

Originally Posted by Mel0811

What is the name of your state? TX

I purchased a car with cash from a private party who assured me the car was running perfectly. Nothing was signed and there is no warranty on the vehicle. I drove the car 10 miles and the engine completely died. I called the private party the same day to see if I could get a reimbursement and even offered to pay the towing costs back to his residence. He refuses to give me the money back. I have picture of the writing on the windows stating "runs good" "cold A/C" blah blah blah. Should I take this up in small claims or not lose even more money in court costs????? PLEASE HELP!!!!

Sue him in small claims court for the amount of the actual and direct damages you suffered (which amount is what you paid for the car).

[seniorjudge]

Originally Posted by panzertanker

You are welcome. Unfortunately, based your post of:
1. nothing signed
2. no warranty

YOU have the burden of checking out the car BEFORE you buy it. That means that if you did not have it checked first, or get a warranty, you are buying it "as is".

In your case, "as is" turned out to be "in bad shape".

I noticed your location. Does this mean you have branched out from the atrioventricular bundle?

[panzertanker]

Originally Posted by seniorjudge

I noticed your location. Does this mean you have branched out from the atrioventricular bundle?

Yep, those guys at the Bundle of His were pissing me off...

[panzertanker]

Originally Posted by seniorjudge

Sue him in small claims court for the amount of the actual and direct damages you suffered (which amount is what you paid for the car).

BTW, why would caveat emptor not prevail here?

[seniorjudge]

Originally Posted by panzertanker

BTW, why would caveat emptor not prevail here?

Definitions of "caveat emptor" on the Web:

* A Latin term meaning "let the buyer beware." A legal maxim stating that the buyer takes the risk regarding quality or condition of the property purchased, unless protected by warranty.
[url]www.aaauctionservice.com/glossery_files/glossery.htm[/url]

* Latin for 'Let the Buyer Beware.' This puts the burden onto the buyer to be satisfied with the property before purchasing.
allhomes.com.au/c/ah

* "Let the buyer beware." The buyer must examine the goods or property and buy at his own risk.
[url]www.all-foreclosure.com/define/define1.htm[/url]

* A legal term meaning "let buyer beware". The buyer must examine the property and buy at his/her own risk.
[url]www.financeandimprove.com/glossary.html[/url]

* A legal principle stating that a buyer is responsible for ensuring the quality of goods purchased. From Latin, "let the buyer beware."
[url]www.realestateglossary.com/real-estate-glossary/c.html[/url]

* Latin, meaning "Let the Buyer beware". Maxim which applies to real estate transactions where the onus is on the Purchaser to satisfy herself as to the suitability and condition of the property she is considering for purchase. ...
[url]www.realestateagent-listings.com/terminology/terminology_c.htm[/url]

* Latin for "let the buyer beware." It refers to the sale of something of value, without a warranty from the seller. The buyer takes all risk of any loss in case of defects in the item sold.
[url]www.ots.treas.gov/glossary/gloss-c.html[/url]

* let the buyer beware. The condition of sale is that the purchase is at the buyer’s risk.
[url]www.smallbiz.nsw.gov.au/smallbusiness/Resources/Business+Tools/Glossary+of+Business+Terms/[/url]

* Buyer beware. The buyer must inspect the property and satisfy himself it is adequate for his needs. The seller is under no obligation to disclose defects but may not actively conceal a known defect or lie if asked.
marcelpolderman.com/reterms.htm

* The Latin phrase for "let the buyer beware." It is a legal maxim, meaning that liability is transferred from the seller to the buyer in regard to the quality or condition of the item or property up for sale.
[url]www.lotauctions.com/help/HGlossary.cfm[/url]

* This is Latin for the phrase "let the buyer beware," which means the buyer buys at his own risk and therefore should examine and test a product for obvious defects and imperfections.
[url]www.attorneykennugent.com/library/c.html[/url]

* (1) Telling the dentist the filling needs attention. - Joseph Leff (2) The big hole in the hillside at Emptor City. - Joseph Leff
mssamantics.us/language/latin.htm

* if the purchaser had an opportunity to inspect the object of sale before concluding the contract, he cannot rescind the contract of sale if the object turns out to be defective.
[url]www.oup.com/uk/booksites/content/0199276072/resources/glossary/borkowski_v5.htm[/url]

* Let the buyer beware. Places a duty on a buyer to examine goods or property before purchasing when he buys at his own risk. Of less application today than formerly.
[url]www.azta.com/glossary.php[/url]

* Let the buyer beware'. Examine the goods before buying.
[url]www.virtualrealty.co.nz/reterms.html[/url]

* Literally means let the buyer beware. The buyer is responsible for finding out the condition of the property by survey and any matters affecting the legal title to the property by using a conveyancer to check the title and carry out searches.
[url]www.web-conveyancing.co.uk/jargon_buster.asp[/url]

* Latin for " Let the Buyer Beware " . This means that buyer's of goods (in this case, landed property) are responsible to examine the goods ( the property being purchased) closely or read the fine print (to the contract) carefully before completing the purchase. Under common law this means that if someone is sold faulty goods he or she has no right to obtain compensation.
[url]www.excelhomeloans.com.au/glossary.html[/url]

* Latin for "Buyer beware"
[url]www.freebuck.com/reference/glossary/c.htm[/url]

* Latin. "Let the buyer take care."
[url]www.mirealestatetoday.com/real_estate_glossary_and_terms_c.htm[/url]

* This is a phrase taken from Latin which means ‘Let the buyer beware’
[url]www.breezeplus.com/BW/glossaryofterms.asp[/url]

* Latin for ‘let the buyer beware’, or in Australian ‘you pays your money and you takes your chances’....
[url]www.apm.com.au/osbuyers/glossary.htm[/url]

* Latin for "let the buyer beware." Commonly seen in "As Is" auctions and sales, this legal phrase refers to the assumed risk involved in purchasing an item without warranty.
[url]www.auctionsonlineguide.com/onlineauctionsglossary.html[/url]

* a commercial principle that without a warranty the buyer takes upon himself the risk of quality
wordnet.princeton.edu/perl/webwn

* Caveat emptor is Latin for "let the buyer beware".
en.wikipedia.org/wiki/Caveat_emptor



I am not really sure that "caveat emptor" is a law per se.

[panzertanker]

Originally Posted by seniorjudge

I am not really sure that "caveat emptor" is a law per se.

I agree, I am not sure if it is a law, but it a viable defense to a suit.

The OP can sue, but if the seller asserts caveat emptor, what would OP's defense be? (just pointing this out for the OP, he needs all the help he can get here.)

* A legal principle stating that a buyer is responsible for ensuring the quality of goods purchased. From Latin, "let the buyer beware."
[url]http://www.realestateglossary.com/re...lossary/c.html[/url]