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Private seller lied to me

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Signalman32

Junior Member
I just purchased a used 4 wheel drive Jeep grand Cherokee that I was told had 4 wheel drive. After purchasing the vehicle I took it to a auto repair shop to have a few basics looked at.

Upon inspection by the mechanic he told me that the vehicle had no front shaft, which means it is only 2 wheel drive now and not 4 wheel drive and said this is usually done if a front differential is bad.

The main factor in purchasing this vehicle was for 4 wheel drive for getting to work in the winter. The estimated repair is 2,000 for used parts to add the front shaft and differential to make it 4 wheel drive again as it was said to be. 5,000 for remanufactured parts.

Can I file a claim because I was lied to about the vehicle being 4 wheel drive when it was discovered to not be because the front shaft and differential was removed? I would have never purchased it had it not been 4 wheel drive like I was told. I have written evidence with it being told it was 4 wheel drive.

Any advice would be greatly appreciated
 


quincy

Senior Member
I just purchased a used 4 wheel drive Jeep grand Cherokee that I was told had 4 wheel drive. After purchasing the vehicle I took it to a auto repair shop to have a few basics looked at.

Upon inspection by the mechanic he told me that the vehicle had no front shaft, which means it is only 2 wheel drive now and not 4 wheel drive and said this is usually done if a front differential is bad.

The main factor in purchasing this vehicle was for 4 wheel drive for getting to work in the winter. The estimated repair is 2,000 for used parts to add the front shaft and differential to make it 4 wheel drive again as it was said to be. 5,000 for remanufactured parts.

Can I file a claim because I was lied to about the vehicle being 4 wheel drive when it was discovered to not be because the front shaft and differential was removed? I would have never purchased it had it not been 4 wheel drive like I was told. I have written evidence with it being told it was 4 wheel drive.

Any advice would be greatly appreciated
What state are you in and is this the same state that the seller is in?
 

Zigner

Senior Member, Non-Attorney
I just purchased a used 4 wheel drive Jeep grand Cherokee that I was told had 4 wheel drive. After purchasing the vehicle I took it to a auto repair shop to have a few basics looked at.

Upon inspection by the mechanic he told me that the vehicle had no front shaft, which means it is only 2 wheel drive now and not 4 wheel drive and said this is usually done if a front differential is bad.

The main factor in purchasing this vehicle was for 4 wheel drive for getting to work in the winter. The estimated repair is 2,000 for used parts to add the front shaft and differential to make it 4 wheel drive again as it was said to be. 5,000 for remanufactured parts.

Can I file a claim because I was lied to about the vehicle being 4 wheel drive when it was discovered to not be because the front shaft and differential was removed? I would have never purchased it had it not been 4 wheel drive like I was told. I have written evidence with it being told it was 4 wheel drive.

Any advice would be greatly appreciated
Generally, it's better to have a vehicle inspected BEFORE you buy it.
Technically, the vehicle IS 4wd, it's just broken. The seller will say that you were fully informed of the problem and had every opportunity to test and to examine the vehicle prior to your as-is purchase.
 

Signalman32

Junior Member
The seller said that 4 wheel drive was functional in the written evidence which is a blatant lie as the vehicle can't be 4 wheel drive until the Front shaft and differential is installed. Isn't that fraud? I have saved the entire exchange of our conversations on the vehicle where I was told the 4 wheel drive works great especially for winter, which was my reason for purchasing it. So the seller has no ground or evidence to suggest he told me anything other than what I have as evidence against him from our exchange.
 

quincy

Senior Member
The seller said that 4 wheel drive was functional in the written evidence which is a blatant lie as the vehicle can't be 4 wheel drive until the Front shaft and differential is installed. Isn't that fraud? I have saved the entire exchange of our conversations on the vehicle where I was told the 4 wheel drive works great especially for winter, which was my reason for purchasing it. So the seller has no ground or evidence to suggest he told me anything other than what I have as evidence against him from our exchange.
You could potentially take the seller to court and claim his representation of the car was deceptive but it is pretty much up to the purchaser of a used car from a private seller to inspect the vehicle prior to purchase, so I am not at all sure you will have any success with a lawsuit. Used cars from private sellers are sold "as is" and, technically, the seller was correct. The car he sold you was a 4WD.

Here are some links (with advice on purchasing cars):

Consumer Fraud and Deceptive Business Practices Act: http://www.ilga.gov/LEGISLATION/ILCS/ilcs3.asp?ActID=2356&ChapAct=815 IL.CS 505/&ChapterID=67&ChapterName=BUSINESS+TRANSACTIONS&ActName=Consumer+Fraud+Deceptive+Business+Practices+Act

Lemon Law: http://www.illinoisattorneygeneral.gov/consumers/lemonlaw.html

Buying and Keeping a Used Car: http://www.illinoislegalaid.org/index.cfm?useaction=home.dsp_content&contentID=1368

I think you will need to fix your car.
 

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