Craigslist Vehicle purchase undisclosed damage

[nikefiz]

What is the name of your state (only U.S. law)? Illinois

Found a good deal on Craigslist and went and looked at the vehicle decided I like it and purchased it for $8000
Buyer didn't have the title back yet from when he had purchased it and we both signed a bill of sale stating the vehicle was sold "as -is" and we included in the bill of sale
that he would give me the title once he had received it. SO I dont have the title yet. Didn't bother me at the time because I wasnt going to use the car for a couple months anyway.
He told me verbally that the car had never been in a accident
I take it to a mechanic to have new tires and alignment and he informs me that the vehicle had been in a accident at some point and that it had frame damage and was fixed poorly.
I call seller and he denies it of course and wont give me my money back.
Do I have any case to sue ? Would it be small claims or would I need a lawer ?
Could I go to the person or dealer he purcahsed it from and see if they knew about the damage when they sold it to him? ( to prove he knew about it ) Would that help my case any?
After reading all the bad things on here I wish i would have came here before I bought a used car!

 

[Zigner]

Enjoy your new car.

 

[Antigone*]

What is the name of your state (only U.S. law)? Illinois

Found a good deal on Craigslist and went and looked at the vehicle decided I like it and purchased it for $8000
Buyer didn't have the title back yet from when he had purchased it and we both signed a bill of sale stating the vehicle was sold "as -is" and we included in the bill of sale
that he would give me the title once he had received it. SO I dont have the title yet. Didn't bother me at the time because I wasnt going to use the car for a couple months anyway.
He told me verbally that the car had never been in a accident
I take it to a mechanic to have new tires and alignment and he informs me that the vehicle had been in a accident at some point and that it had frame damage and was fixed poorly.
I call seller and he denies it of course and wont give me my money back.
Do I have any case to sue ? Would it be small claims or would I need a lawer ?
Could I go to the person or dealer he purcahsed it from and see if they knew about the damage when they sold it to him? ( to prove he knew about it ) Would that help my case any?
After reading all the bad things on here I wish i would have came here before I bought a used car!

What's the big deal, you're only going to use it for a couple of months anyway? Heck the fact that you shelled out eight grand with absolutely no ownership papers is ridiculous.

 

[xylene]

Enjoy your new car.

Why do you say YOUR when the say has not been completed?

The poster should hire a lawyer, as the seller never had lawful title of the vehicle.

 

[nikefiz]

What's the big deal, you're only going to use it for a couple of months anyway? Heck the fact that you shelled out eight grand with absolutely no ownership papers is ridiculous.

I plan on keeping the car for a long time - It is actually a car for my 16 year old son - He will not have his drivers lic for a couple months, so It will be parked till then. I figured I was covered with the statement in the bill of sale anyway and I wasn't in a hurry for it - anyway that isnt my concern at the moment - My concern is the undisclosed damage.
Do I have any case to sue him for fraud if he does not return my money ? or will the "as-is" statement in the bill of sale negate the fact that it had damage regardless if he knew about it or not.

 

[Zigner]

Why do you say YOUR when the say has not been completed?

When the title is delivered, as agreed, then the sale is complete. That has no bearing on the mechanical condition of the vehicle.

The poster should hire a lawyer, as the seller never had lawful title of the vehicle.

We don't have enough information to determine if this is the case.

ETA: OP says that the buyer doesn't have the title back from when he purchased it. That sounds to me like it's "in the mail". I don't think this is a matter of the seller simply flipping the car without titling it.

 

[Antigone*]

I plan on keeping the car for a long time - It is actually a car for my 16 year old son - He will not have his drivers lic for a couple months, so It will be parked till then. I figured I was covered with the statement in the bill of sale anyway and I wasn't in a hurry for it - anyway that isnt my concern at the moment - My concern is the undisclosed damage.
Do I have any case to sue him for fraud if he does not return my money ? or will the "as-is" statement in the bill of sale negate the fact that it had damage regardless if he knew about it or not.

Here lies your problem. You cannot prove that the seller knew there was damage to the vehicle. The seller cannot disclose what is not known to them. The fact that the seller may just flipping the car leads me to beleive the he may not have known about the damage. Now had you taken the vehicle to the mechanic BEFORE forking over the eight grand, you would have never consumated the sale.

Enjoy your new car.

 

[jiggy78]

You definitely got "consummated" all right.

 

[nikefiz]

ok, one other question. If I did decide to sue. Would I have to sue in his county or would I need to file locally ( he lives 2 hours away )

 

[Zigner]

ok, one other question. If I did decide to sue. Would I have to sue in his county or would I need to file locally ( he lives 2 hours away )

You would sue where he lives.
But, what do you plan to sue for? You have a writing stating that you are accepting the vehicle as-is.

 

[xylene]

In Illinois, and in most other states, A title transfer MUST take place when a used vehicle is sold between private parties.

The vehicle being a wreck is irrelevant.

The OP needs to hire a lawyer and go after the seller for the title issue. What the seller did was title fraud.

 

[Zigner]

In Illinois, and in most other states, A title transfer MUST take place when a used vehicle is sold between private parties.

The vehicle being a wreck is irrelevant.

The OP needs to hire a lawyer and go after the seller for the title issue. What the seller did was title fraud.

You are basing this on the assumption that the seller never registered the vehicle in his name before reselling the vehicle. That is not the case in this situation. This is not title fraud.

 

[nikefiz]

Just an update:
Guy mailed me the title

I was able to find the archived ad online from when he was advertising it and he placed in the ad that the car was in great condition, needs nothing and never been wrecked....
Could I sue based off what he said in his ad and use the ad against him ? Or would me signing the Bill of Sale " as-is" negate anything stated in the ad ? A friend told me the ad was more considered hearsay and not a part of the bill of sale unless it was included with the bill of sale .
Just trying to see if I have a good enough case to spend money on a lawer...

 

[Zigner]

Enjoy your new car.

See above

 

[jiggy78]

Could I sue based off what he said in his ad and use the ad against him ?

No. The sale is complete. Enjoy your new car. Next time have it inspected before purchase.