Do we have any recourse?

[klhofbauer]

What is the name of your state? Arizona

I would like to know if anyone knows if we have any recourse, or, is my poor kid just out of luck with 'buyer beware'? This is really sad.

16 yr. old son bought his first car; this actually is one of those good kids! He got his job the day he turned 16, is in the top 5% of his class, in sports, etc., so needless to say, he is really upset about this situation.

The person "Keith" who sold us the car works with my husband; he is a computer tech who has been subcontracted out with my husband's company. "Keith" told my husband the following (I know, made sure my husband asked these questions)

It's a 1987 Toyota Camry 180K miles; he sold it to my son for 600.00. Yes, we know it is old & a lot of miles, but my son only intends to keep it til he is out of school.

1. Will this car pass emissions when we register it?

"Keith's answer": Oh yeah, it breezed right through when I had it done a year ago.

2. What kind of work has been done to it, and what problems are there at this time?

"Keith's answer": I just put in a starter about 3 months ago, 4 new tires. The car will need a battery because it is sluggish; the sunroof and radio don't work. The ac works great, blows ice cold, p/w all work.

8/7/04: We gave him a check made out to his business "TNT", in the amount of 600.00; he gave us the title.

8/9/04: Took the car for emissions, rejected. Emissions tester wrote "no power" on test paper.

8/9/04: Put in a new battery thinking "no power" meant needed a new battery, and also because "Keith" told us it probably would.

8/10/04: Went back for emissions, again rejected. E. Tester wrote "possible transmission problems". He showed me that when they follow the computer test route that during shifting from 1st to 2nd, then 2nd to 3rd, there is a problem on the computer readout. In fact, I even said "sounds like transmission" BEFORE the tester told me.

8/10/04: Drove car down to a garage we have used in the past. Let mechanic know what happened at Emissions.

8/11/04: My husband called "Keith" and let him have it. Wants "Keith" to meet us halfway on this, and at least give my son 300.00 back. (would settle for less, but at least something). Reminded "Keith" that "you TOLD me it would pass emissions, and you NEVER disclosed there were transmission problems.". Last thing "Keith" said was "well, when I took it to the transmission shop they told me it was second gear". AH HA.. he NEVER told us there were transmission problems AT ALL, or we never would have bought the car!

After some research online, I found this under AZ Lemon Laws:

44-1267 . Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies

A. Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name.

WELL... The person we bought the car from is NOT the person on the title we have, NOR is the seller the same person who is on the BILL for REGISTRATION of this vehicle. SO, by reading this "Keith" didn't really follow the law.

AND, I looked on the license plate - and there is NO STICKER for 2004 and/or 2005. There are only 2000 and 2003. Plus the tag was not supposed to be given to us.

AND, once the gal who owns 51% of the company that my husband works for finds out that "Keith" knew about these transmission problems but didn't disclose them to us - she will probably not call Mr. Keith again for computer techie work. The owner happens to really like my son, because he is such a good kid.

I'm reluctant to leave a voice mail message about this above law - those can come back to haunt you.

Knowing the above - do we have any type of recourse? Small claims court? Should my son just go ahead and try and resell the car - and we WOULD disclose that the car needs a new transmission? We've talked to 3 different people, one is a stock car mechanic; and they have all said that the engine runs great, no knocking, pinging, plugs, wires, belts, no leaks - everything else checks out very well, and the car *would* last my son for 2 years. We just do NOT have 1500.00 for a new transmission - which our garage would charge.

Advice please?

[racer72]

Take the $1500 and buy a better car.