Chances of success and basic info??

What is the name of your state?What is the name of your state?What is the name of your state? CT

Hi,
I am planning to file a case in small claims court. After going through the form I have the following questions. I appreciate if you answer them.

1) This is about a car bought locally, yesterday in a private deal. I was told in e-mail and over phone the car is in great shape and has no dents/scratches. But I found out from the dealer , that the car was involved in a crash (written report available) and has a lot of body work done. What are the chances of success?

2) Who sends the writ copy (JD-CV-40) to the defendant. The plaintiff or the court clerk? I plan to go the court and submit in person to the clerk.

3) What if the defendant intentionally returns the document without opening it, OR doesn't stay at home OR says some documents are missing.

4) Does the defendant need to know/see all the plaintiff's documents?

5) I tried to contact a couple of lawyers in Fairfield county, CT. No one showed any interest. Can anyone point me where I can get some basic legal help/advice for say, $75/- to $100/-.

Thanks in advance,
jory

http://www.consumeraffairs.com/consumerism/small_ct.html

Click on Q & A 's I also read if you can not afford the filing fees you can ask for a waiver .

http://www.cslib.org/attygenl/mainlinks/tabindex3.htm

There are steps you can take as a consumer to lessen the chance that you will be ripped off when you buy a used car. Here are some tips:


Look the vehicle over very carefully and insist on a test drive. Have a trusted mechanic perform a thorough inspection of the vehicle before purchase. Under Connecticut law, you have a right to a pre-sale inspection.
Ask the dealer questions about the condition of each of the major components or systems of the vehicle. You should also ask questions about the history of the vehicle such as whether it was ever totaled in an accident or whether it was ever bought back under the Lemon Law.
If the dealer promises to correct any conditions or to make certain repairs upon your purchase of the vehicle, these promises must be stated in writing and made part of your contract.
All warranties should be in writing on the Buyer's Guide Window Sticker, which is required by law.
Watch out for "dealers" who try to skirt the law by selling vehicles through the classified ads, posing as private individuals selling their own cars. If the individual really is a private owner, then he should be able to show you the title and registration in his name.
If you develop a problem with a used vehicle after purchase, it may be covered by a warranty. If the vehicle was purchased from a Connecticut dealership, is less than seven years old and costs $3,000 or more, the vehicle is automatically covered by a warranty.

If you make the purchase from an individual, there is no required warranty.

Hi BL, Thanks for the info.

But the car has been bought and registered. Do I have any chance getting justice now? In my defense, I have the e-mail and the dealer report. As I said it is a private deal. Please note it was kind of an online deal.

The way I found out was, I asked the dealer to check the door panel/knob, as something looked odd. After inspection he said, the car has been in an accident and it can't be covered under warranty as there is body work done ( the car has less than 36K miles and is under manufacturer warranty, BUT because of accident/body_work, the door/knob problem is not under warranty)

EDit : What are my chances of success? Because of the accident history, the trade-in value is down by almost 3K...

If you make the purchase from an individual, there is no required warranty.
{ quote }

Put it this way !! very slim if not impossible .

Your State looks like it has the same Laws as a number if not all States.

I once bought a used auto as private . Even though his AD stated excellent condition , I lost in Court .
There were defects I noticed before purchasing it,and the Judge stated you could have had a mechanic inspect it before you purchased it ( CT gives you that right ).

If this auto was a one owner vehicle ,l and his advertisement lead you to believe in it's statement there was nothing wrong, you might have a chance of some money damages.

You would have to prove both , and even then you might lose .

If the auto was prior owned,this seller might not have been aware of body damage.

I still say your chances are slim, but small claims filing fees are small , and if for nothing else you may want to try , and if you lose,you will have had a learning experience .

Hi BL, Thanks again...

Yes, it was a one owner vehicle. It was listed online. All the talk/discussion were done mostly on e-mail and phone. I went to his place (using public transport, as I didn't have a car), paid him the cashier's check for the full amount, and got it registered. The complete deal was done in full faith, without any inspection.

After the registration, he gave me the keys and at that time I noticed the problem. Infact he told me it is covered under warranty and asked me not to worry. He dropped me at the dealer and he left as his famaily member picked him up. After the inspection, dealer told me about the accident, in writing. This in a nut shell what happened.

I contacted him later on phone/e-mail, and these are his words : "It is a closed deal already".

As you suggested, I think I will go ahead and try my luck.

jory_101 said:

1) This is about a car bought locally, yesterday in a private deal. I was told in e-mail and over phone the car is in great shape and has no dents/scratches. But I found out from the dealer , that the car was involved in a crash (written report available) and has a lot of body work done. What are the chances of success?

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No one can accurately predict the outcome of a trial. If they could, there would simply be no reason for the trial in the first place. Your success depends largely on the claim you are making (not clear in your post), your ability to present it, and the defense or claims made by the opposition.
For example..... the fact that the car "was involved in a crash and has a lot of body work done" has absolutely nothing to do with your claim that the "car is in great shape and has no dents/scratches."
Is the car in fact in "great shape"?? Does the in fact have "no dents/scratches"?? Further a salesman is allowed to 'puff' a car. 'In great shape' is purely subjective. What is 'great' to him may be different to you. As for the claim no dents/scratches, clearly whether that is true or not is something you can see BEFORE the sale.

Who sends the writ copy (JD-CV-40) to the defendant. The plaintiff or the court clerk? I plan to go the court and submit in person to the clerk.

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We can't be expected to know every legal procedure by every jurisdiction. I suggest you ask the court.

What if the defendant intentionally returns the document without opening it, OR doesn't stay at home OR says some documents are missing.

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If it is served on the defendant as required by CT rules, it doesn't matter if he returns it unopened or doesn't stay at home. And it is up to you to make sure that you provide all the documents to the court.

Does the defendant need to know/see all the plaintiff's documents?

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Yes.

I tried to contact a couple of lawyers in Fairfield county, CT. No one showed any interest. Can anyone point me where I can get some basic legal help/advice for say, $75/- to $100/-.

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For free:
http://www.jud.state.ct.us/faq/smallclaims.html

'Small Claims'
by Ted Rothstein, Isaac Druker
ISBN: 0764102370
Format: Paperback, 255pp
Publisher: Barron's Educational Series, Incorporated

Thanks JETX for your time and effort.

<<<<<No one can accurately predict the outcome of a trial. If they could, there would simply be no reason for the trial in the first place.>>>>> You put it succinctly...

I had seen that website you referred, and based on question # 2 there, I had decided to explore the option of small claims court. In that question # 2, it says...

Q2) What issues belong in Small Claims Court?

- unpaid debts;
- breach of a written or verbal contract; (My hope depends on this)
- back rent;
- return of security deposit;
- broken or damaged property;
- doctor/hospital bills for treatment of personal injuries; and,
- issues valued at less than $3500.


I think my mistake was to but car from someone who is 80 miles away. As I didn't have a car, and he told me many times that the car has no dents/scratches, and he is the single original owner, etc... I believed him 100% and just bought it.

I have come to this country recently, and yes, I learnt a costly lesson. But I will give it a try any way. Initially I used to think my chances of success are 70-80%, now it looks like 10-20%, so I won't be disappointed if I don't win it.

Thanks everyone on this board, for your help and patience... I welcome any further comments...

jory_101 said:

breach of a written or verbal contract;(My hope depends on this)

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Better lower your odds even further.

The problem here is that the claims made by the seller do NOT constitute a contract, nor breach.

Lets look at each of your claims:
1) "Great Shape": This is clearly puff and has NO legal value at all.

2) "No dents or scratches": This is something that you, as the buyer, can easily inspect and determine BEFORE the purchase. In fact, you have the legal OBLIGATION to do so. There is a principal of law called "Caveat Emptor". Simply, that means 'buyer beware'. It means that the buyer YOU has the obligation to inspect and evaluate the product (car) BEFORE you purchase it and if you don't, you have no right to claim breach later.

caveat emptor
(kah-vee-ott emptor) Latin for "let the buyer beware." The basic premise that the buyer buys at his/her own risk and therefore should examine and test a product himself/herself for obvious defects and imperfections. Caveat emptor still applies even if the purchase is "as is" or when a defect is obvious upon reasonable inspection before purchase. Since implied warranties (assumed quality of goods) and consumer protections have come upon the legal landscape, the seller is held to a higher standard of disclosure than "buyer beware" and has responsibility for defects which could not be noted by casual inspection (particularly since modern devices cannot be tested except by use and many products are pre-packaged).

Dents and scratches would clearly be 'noted by casual inspection'.

3) Previous undisclosed accident:
Three problems here:
a) You provide nothing to indicate the seller said anything about prior accidents (only 'no scratches/dents'), and
b) Even if they did, you provide nothing to show that the seller knew of the prior accident and/or bodywork, and
c) Even if the seller did know and failed to disclose, the fact that you found out later would show that you failed to do your 'proper inspection' (remember that 'caveat emptor' from above??).

In my opinion, you have NO case against the seller.

I understand your point of view/opinion. It is helping me evaluate my situation based on reality, (not day dreaming) and my chances of success.

Thanks again...

Did the car cost more than $3000? You might have a 'loophole' if it did.

You Are Guilty said:

Did the car cost more than $3000? You might have a 'loophole' if it did.

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Just curious.... what 'loophole' are you trying to refer to???

The CT 'automatic warranty' would not apply as the claim has nothing to do with the vehicle being "mechanically operational and sound".

From the CT Attorney General consumer website:
"If you develop a problem with a used vehicle after purchase, it may be covered by a warranty. If the vehicle was purchased from a Connecticut dealership, is less than seven years old and costs $3,000 or more, the vehicle is automatically covered by a warranty. If you make the purchase from an individual, there is no required warranty.

If the vehicle costs between $3,000 and $5,000, the warranty is good for the first 1,500 miles or 30 days, whichever occurs first. If you paid $5,000 or more, the warranty period is for 3,000 miles or 60 days, whichever comes first.

During the warranty period, the selling dealership is responsible for all repairs necessary to make the vehicle mechanically operational and sound -- at no cost to you. If the vehicle goes into the shop for repairs during the warranty period, the warranty is extended for each day the vehicle is in the shop for repair.

In addition, some dealers may provide their own warranties for longer periods or for vehicles that would not be covered by the used car statute. These must be stated in writing on the Buyer's Guide window sticker."
Source: http://www.cslib.org/attygenl/consumer/usedcar.htm

So, my question is:
What does the cost of the vehicle matter since the issues raised in this thread have NOTHING to do with making the "vehicle mechanically operational and sound"???

<<<<<Did the car cost more than $3000? You might have a 'loophole' if it did.
>>>>>

fwiw... Yes, I paid close to 12K. It was a private deal, not with a dealer.