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Seriously damaged used car..

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northernbird

Junior Member
What is the name of your state? California.

Against better judgement, I bought a bmw '87 535is. After speaking with the seller on the phone I agreed to drive down and look at the car. He asked me to bring $500 in cash and $2200 in the form of a check. Thankfully the bank was closed that day, otherwise I would have stupidly plopped down $2700 right there and then.
I took the car around the block, while he sweet boasted about how great of a car this was. For some reason I really ate it up and decided to buy the car. This guy seemed like a really nice honest fellow, although he did have quite a few cars in his drive way. I would later find out that he(or his son)buy cars and resells them.
We went inside and got down to business. He showed me the title, which actually has a DIFFERENT name and residence on it than his - i later talked to the police about this and had them run the plates.the car isn't stolen.I signed the pink slip, handed him the check and $500 dollars in cash. He asked me why I was shaking, I told him I was a student and this was more money than I've ever had. He told me not to worry and once the check cleared, he would FEDEX ME THE TITLE.
I kid you not: 20 miles down the road, 3rd and 4th gear gave out. After this the transmission would not let me put it in either 3rd or 4th, even if stationary. I didn't mis-shift or do any fancy bull****. Its a new car to me, I'm not going to romp on it. I stopped in San Francisco(about halfway home)and called them. His wife answered and I explained what had hapened. She almost immediately started screaming at me, telling me that I had broken the car, I had shifted wrong. I hadn't. I've been driving stick since I had my permit. They say things like: 'It's a BMW, you can't just shift it, you have to ease it in." IWell I did EASE it in.
Here's where it get's REALLY sticky. I talked to my parents and they said to bring it home, and we'd cancel the check first thing in the morning. I also had to get a new bank account as I had left my check book there.
The whole situation is VERY bad. As it stands: They have my $500 and the title. I have the car but no title. I have nothing.
I talked to a BMW mechanic today and he quoted me around $3000 dollars for tranny plus labor. I don't have this kind of money
We're thinking about small claims court as the car was seriously misrepresented. We know they have the upper hand though.
What should I do? Is there anything I can do?
Thanks.
-NB
 


Zigner

Zigner

Senior Member, Non-Attorney
northernbird said:
What is the name of your state? California.

Against better judgement, I bought a bmw '87 535is. After speaking with the seller on the phone I agreed to drive down and look at the car. He asked me to bring $500 in cash and $2200 in the form of a check. Thankfully the bank was closed that day, otherwise I would have stupidly plopped down $2700 right there and then.
I took the car around the block, while he sweet boasted about how great of a car this was. For some reason I really ate it up and decided to buy the car. This guy seemed like a really nice honest fellow, although he did have quite a few cars in his drive way. I would later find out that he(or his son)buy cars and resells them.
We went inside and got down to business. He showed me the title, which actually has a DIFFERENT name and residence on it than his - i later talked to the police about this and had them run the plates.the car isn't stolen.I signed the pink slip, handed him the check and $500 dollars in cash. He asked me why I was shaking, I told him I was a student and this was more money than I've ever had. He told me not to worry and once the check cleared, he would FEDEX ME THE TITLE.
I kid you not: 20 miles down the road, 3rd and 4th gear gave out. After this the transmission would not let me put it in either 3rd or 4th, even if stationary. I didn't mis-shift or do any fancy bull****. Its a new car to me, I'm not going to romp on it. I stopped in San Francisco(about halfway home)and called them. His wife answered and I explained what had hapened. She almost immediately started screaming at me, telling me that I had broken the car, I had shifted wrong. I hadn't. I've been driving stick since I had my permit. They say things like: 'It's a BMW, you can't just shift it, you have to ease it in." IWell I did EASE it in.
Here's where it get's REALLY sticky. I talked to my parents and they said to bring it home, and we'd cancel the check first thing in the morning. I also had to get a new bank account as I had left my check book there.
The whole situation is VERY bad. As it stands: They have my $500 and the title. I have the car but no title. I have nothing.
I talked to a BMW mechanic today and he quoted me around $3000 dollars for tranny plus labor. I don't have this kind of money
We're thinking about small claims court as the car was seriously misrepresented. We know they have the upper hand though.
What should I do? Is there anything I can do?
Thanks.
-NB
Click to expand...
Did the seller provide a Smog Certificate?
What other paperwork did you do with this guy?
 
N

northernbird

Junior Member
Zigner,
thank you so much for getting back - even if its jsut questions.
He wouldn't show me proof of smog, he claimed it was all online.
The only paperwork I signed was the title(he wrote I paid him 1500 - save on tax?)
and of course I signed the check..
 
D

David Jonathan

Member
I've bought and sold cars like this myself - where I'll buy a $300 car, and turn 'round and sell it two days later $500 - quick profit, and everyone's happy, that could be the reason for the different name on the title.

what you need to do is get proof the car was already damaged before* you started to drive it - believe it or not, even without abuse, things can happen quickly - a vehicle that went unmaintainted for many years is a problem on wheels - so you'll need a mechanic (the one who looked at the car) to be willing to testify that this was an on-going problem, and was only a matter of time before it died, he'll need to testify under oath that it could NOT have been your driving style, or habits that caused it, and then he needs to back up his claim with how he came to that conclusion, he'll also need to provide his credentials (how long he's worked at that shop, how long he's been a mechanic, how many transmissions he's worked on, etc)

You could probably win your $500 back, plus court costs and expert fees, and estimate costs, but be ready to return the car, so don't put anything into it, other then your estimates.

--Dave.

I'm not an attorney, but I know cars, and I've been to Small Claims Court a couple times to testify as a witness, and to defend myself (once, and I won)
 
Zigner

Zigner

Senior Member, Non-Attorney
You really need to concentrate on the smog aspect, because you won't get out of it based on the rest.
Go online at http://www.smogcheck.ca.gov/vehtests/pubtstqry.aspx to find the smog check history of your vehicle.

Also, per the California DMV web site, the seller must:

"Provide the purchaser with evidence of a valid smog certification, if applicable.
Smog certificates are good for 90 days from the date of inspection. The smog certification is not required if the owner or buyer signs a statement that smog certification was submitted with renewal fees within 90 days prior to the transfer date (a vehicle inspection report may be required for proof of certification). "
 
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