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  1. #1
    Bob H is offline Junior Member
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    Unhappy Ripped Off on Used Car Sale

    New Jersey is where I am from and last week I seen a car on Ebay and being that it was so close to my house we went to see it in person. On ebay the car was listed as Excellant mechanical condition with only 64,000 miles the car looked beautiful inside and out so my daughter bought the car for $6900.00 plus tax from the mans house and he gave us a dealer tag from Indiana to drive on until he got the title, 2 miles from his house the car broke down when I called him he said shut the car off and start it again it would be fine so I did and I made it home . The next day had problems again call seller he said to take it to a shop and have it looked at and call him,so I did and the bill to fix the car is $4000.00 he said he would give me $350.00 because my daughter signed for the car AS IS because he falsely advertised the car and new of the problem do we have a case and to this day still don't have a title he said he is part owners of Trenton Auto Sales in Trenton New Jersey but gave us a Indiana dealer tag do you think I have a case if I take it to court Thanks for your HelpWhat is the name of your state (only U.S. law)? New Jersey
  2. #2
    ecmst12 is offline Senior Member
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    The time to have the car inspected is BEFORE you buy it, not after.
  3. #3
    Banned_Princess is offline Senior Member
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    As is, is -AS IS. -
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Bob H View Post
    New Jersey is where I am from and last week I seen a car on Ebay and being that it was so close to my house we went to see it in person. On ebay the car was listed as Excellant mechanical condition with only 64,000 miles the car looked beautiful inside and out so my daughter bought the car for $6900.00 plus tax from the mans house and he gave us a dealer tag from Indiana to drive on until he got the title, 2 miles from his house the car broke down when I called him he said shut the car off and start it again it would be fine so I did and I made it home . The next day had problems again call seller he said to take it to a shop and have it looked at and call him,so I did and the bill to fix the car is $4000.00 he said he would give me $350.00 because my daughter signed for the car AS IS because he falsely advertised the car and new of the problem do we have a case and to this day still don't have a title he said he is part owners of Trenton Auto Sales in Trenton New Jersey but gave us a Indiana dealer tag do you think I have a case if I take it to court Thanks for your HelpWhat is the name of your state (only U.S. law)? New Jersey
    Unless the seller offered you a WRITTEN warranty or guarantee of fitness, the sale is considered "AS IS" (you take it as you find it). This will likely be confirmed by the confirmation your daughter signed.

    Many used car sellers (dealers and private parties alike) may make statements as to their implied condition of the vehicle, but it is ALWAYS up to the buyer to verify that condition PRIOR to completing the purchase. This is the very reason why one should ALWAYS have their own private mechanic inspect a vehicle to discover any problems so that you can make an informed decision as to whether or not to buy, and whether the asking price is fair given it's verified condition.

    Sorry, but when you buy a vehicle sight-unseen, especially online, unless the seller is willing to offer you a written guarantee, it's never a good idea buy the vehicle without that inspection first.

    You bought it, you are stuck with it. Consider yourself lucky that the dealer is willing to give you ANY money towards those repairs.
  5. #5
    justalayman is offline Senior Member
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    what year and model car and what is the problem? There is a reason outside of this sale that it might important.
  6. #6
    davidmcbeth3 is offline Senior Member
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    Quote Originally Posted by Bob H View Post
    to this day still don't have a title
    No title provided to you? And an Indiana dealers tag?

    I think that you are not the registered owner of the car nor can register it in your name due to having no title.

    You could file a small claims case. If the seller is STUPID he won't give you the title out of spite. And the judge will rescind the deal due to the title issue.

    What does NJ law say about seller's needing to turn over registration papers, plates etc and providing a title that you can get transferred (how long do you have to effect a legal transfer of registration?) ... any time limits? If he violated the law regarding HIS duties then the court may rule that because of this, the sale can be vacated and the SELLER is still the legal owner of the car.

    Courts take a dim view of playing games with titles and registration certificates when the law requires quick action.

    So you may be able to get your $$ back from this "As-Is" sale if they did not follow the law regarding ownership & seller laws.
  7. #7
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    Dealers have a load of paperwork they must do as part of any sale. This includes handing over the title, or at the least, the notarized DMV paperwork for a duplicate title so that you can register the vehicle immediately. The DMV doesn't play games about this sort of thing. Verify with the dealership that he works there, and if he does, contact the DMV about a dealership not following the law regarding sales. Count your lucky stars that a potential-dealer's error might give you an out.

    Also I think the other repliers are overlooking that this guy is a dealer (unless he's lying about that, meaning you've got a whole 'nother can of worms to deal with). Auto dealers CAN NOT mislead buyers about the condition of vehicles. If a dealer represents a vehicle as in excellent condition with no needed repairs and a vehicle breaks down two miles down the road due to pre-existing problems, while it's true a buyer should have had the car checked out before buying anyway, the dealer is going to have to answer for why he misrepresented the condition of the vehicle, and this is grounds to cancel a sale. Private-party sellers are considered to be lay-people and so they can say a car that is held together with duct tape is perfect and be off the hook, but dealers are held to a higher standard.

    OP, you might be in luck here, but none of the potential remedies are going to happen out of court. I suggest filing a case (depending on your jurisdiction, and I'm not going to look it up for you, small claims may or may not go huh enough, so you'd have to decided whether you want to go to small claims and lose a little to get a refund, or take it higher and drag in attorneys).

    I also suggest never again buying from a dealer without being at a dealership and getting a pink slip at the time, and, since you and your daughter clearly know nothing about cars, having a mechanical inspection done. If you don't, then don't spend more than you can afford to lose.
  8. #8
    Bob H is offline Junior Member
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    RE- to Question

    Quote Originally Posted by justalayman View Post
    what year and model car and what is the problem? There is a reason outside of this sale that it might important.
    it is a 2005 Land Rover Freelander with 64,000 miles
  9. #9
    Bob H is offline Junior Member
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    Thank-you for your time to answer

    Quote Originally Posted by QueenofEngland View Post
    Dealers have a load of paperwork they must do as part of any sale. This includes handing over the title, or at the least, the notarized DMV paperwork for a duplicate title so that you can register the vehicle immediately. The DMV doesn't play games about this sort of thing. Verify with the dealership that he works there, and if he does, contact the DMV about a dealership not following the law regarding sales. Count your lucky stars that a potential-dealer's error might give you an out.

    Also I think the other repliers are overlooking that this guy is a dealer (unless he's lying about that, meaning you've got a whole 'nother can of worms to deal with). Auto dealers CAN NOT mislead buyers about the condition of vehicles. If a dealer represents a vehicle as in excellent condition with no needed repairs and a vehicle breaks down two miles down the road due to pre-existing problems, while it's true a buyer should have had the car checked out before buying anyway, the dealer is going to have to answer for why he misrepresented the condition of the vehicle, and this is grounds to cancel a sale. Private-party sellers are considered to be lay-people and so they can say a car that is held together with duct tape is perfect and be off the hook, but dealers are held to a higher standard.

    OP, you might be in luck here, but none of the potential remedies are going to happen out of court. I suggest filing a case (depending on your jurisdiction, and I'm not going to look it up for you, small claims may or may not go huh enough, so you'd have to decided whether you want to go to small claims and lose a little to get a refund, or take it higher and drag in attorneys).

    I also suggest never again buying from a dealer without being at a dealership and getting a pink slip at the time, and, since you and your daughter clearly know nothing about cars, having a mechanical inspection done. If you don't, then don't spend more than you can afford to lose.
    Thank-You for your time to answer, We are gonna try going to court at this point little to lose Thanks Again
  10. #10
    BL
    BL is offline Senior Member
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    Look at the small claims limit for NJ.

    Unless the court recinds the deal.

    If the dealer is in the wrong the way they sold it to you check out the DMV to see if you can file a complaint with them. They might be able to have a hearing and order the money returned and them to take the auto back.

    If you file small claims first the DMV avenue is off.

    Check into it first.
    Last edited by BL; 04-01-2012 at 11:14 AM.
  11. #11
    davidmcbeth3 is offline Senior Member
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    I would get a copy of the current registration from DMV .. find out who is the current owner ... if possible
  12. #12
    swalsh411 is offline Senior Member
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    Quote Originally Posted by jasonpat View Post
    If the car does not stand on its standards as mention on the advertisements or as promised to you guys then for sure you can sue him for the misconduct of information.
    Please don't post about topics you know nothing about. Let the adults who actually know things answer questions.

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