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Lawyer Letter for small claims

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mclarson_ca

Junior Member
Los Angeles, CA

I purchased a used car from a mechanic. He verbally attested to the fact that that he repaired and rebuilt half the engine before selling it to me. He also verbally agreed to diagnose and perform work on the car if need be within a year. The car was driven for only three and a half months. The car "died" as a result of a blown cylinder head. Another mechanic I took the car to after the blow, said the engine was in extremely horrible condition and that any mechanic would have seen this if they fixed what my seller claims to have fixed. The car was bought for $1,850.00 and $300.00 for half of the registration, which the seller agreed to pay. I would like to write a letter to the seller asking for $1,600.00 to buy the car back from me. If he does not, I will take him to small claims and ask for $3,000.00 for time spent and the cost of the car. Is this a reasonable request? I have a witness to the purchase and verbal agreement made by the seller.
I believe he will act on a formal written request by a lawyer or me. I would like an idea of a format for the formal letter and if this is even a good idea.
Thank you
 


racer72

Senior Member
Go ahead and take the seller back to small claims court. You will lose very quickly. The only claim you have against the seller is the verbal guarantee, you have to honor that. You can't change the terms of the sale. In fact, what you propose could result in the seller "forgetting" about any verbal agreement and I would bet he has something signed by you stating the vehicle was sold "as-is".
 

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