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Misrepresentation of performance of a car by a private party

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nancyl111

Guest
My husband and I purchased the "Perfect Car" from a co-worker. It was a 93 Dodge Spirit and it had about 100,000. Her husband works on cars and also said their was nothing wrong with this car.And that just about everything had been replaced. I have whitnesses that heard her say there was nothing wrong with this car. I trusted her so I beliefed what she and her husband were saying. The car immediately started to leak oil and anti-freeze. We had the car for 2 weeks and initially my husband attempted to buy some sealent to replace the leak, but that did not seem to make a difference. We then had a mechanic look at it who said their was 2000 dollars worth of repairs. We had not officially paid her for the car yet, although we did sign the title. We told her we didn't want it and they hollered lawsuit. They did not want the car back even though there were numerous people that wanted to buy it. We did bring the car back and the owner was furious. He and his wife continue to threaten lawsuit. We cannot afford to fix this car if there were minor damages, we would gladly. We feel that this was a case of misrepresentation. Do we have a leg to stand on?
 


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mehalick30

Guest
Don't worry

I am not a lawyer, but I am a car dealer. I'm sure you have nothing to worry about. First of all you did not even pay for the car and secondly they would be wasting thier times taking you to court. You have no contracts saying that you have to buy the car....and do you really think any judge would side with them anyways. No one can force you to buy thier car...not even a dealer. Even if you had given them a down payment, they would have to give it back. I would tell them to go ahead and take you to court...all they are doing is wasting their own time. They will have to apply for a duplicate title, which will take about a week to get back...so out of good faith you can give them the $10 to pay for the duplicate tilte fee. Just give them the car back and tell them to rip off someone else. Next time buy a car from a dealer...at least they check out the cars and repair them before they sell them, and usually give you some sort of warranty. Plus, the Lemon Law only applies to dealers...so it does not protect you when purchasing a car off the street. Good Luck!
 
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nancyl111

Guest
Thank you for taking the time to write. We have been so worried. We really appreciate the information and have learned a lesson about going to a dealer instead. Nancy
 

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