I live in state of Oregon. Am suing a guy in small claims court because he sold me a "lemon" car on craig's list and in doing so committed fraud by lying about the car and telling me it worked. We also had a verbal agreement that if I did not want it I could give it back and he would refund my money. A week after driving the car minimally to work and back, about 8 miles a day in the city, it died on the freeway with smoke coming out from under the hood. I paid full price for the car, 2,500 and did not "low ball" the guy and took him at his word. YES I am very dumb I know. so my question is, I get a letter from the court that he is counter suing me for almost the entire price of the car. On the form he filled out at the court house where it says "explanation" he put, "will explain in court." I am mystified as to what he is conjuring and creating in his fraudulent mind, but also wondering if I have any grounds to ask the judge to throw out his counter claim based on his lack of explanation? It seems like legally I should get to know what he is suing me for but I don't about this stuff.. please help if you have any knowledge on this subject. Thanks..
Did you happen to have the vehicle inspected by your own private mechanic before agreeing to buy it? If not, then you're not likely to have any luck suing them.
All used cars sold without a specific WRITTEN warranty or guarantee of fitness is sold on an "AS IS" basis. Simply put, that means you take the vehicle as you find it - with the good AND the bad. The seller does not have to tell you it's "AS IS" - that is the default for such a sale without a written warranty or guarantee.
The seller can tell you anything they want about the vehicle, and if you don't protect yourself by having the vehicle inspected prior to the purchase, you may never learn of the vehicle's true condition until it breaks down on you. The burden of proof would be on YOU to prove that the vehicle was alleged to be in a particular mechanical condition and that the seller intentionally misrepresented it. If there is specific wording in the ad that says that the vehicle is in excellent condition, that it runs great, that there are absolutely no problems, then you MIGHT have a chance of getting your money back, but only if it's very specific and convincing.
Bottom line is that unless your seller gave you a WRITTEN warranty or guarantee, or you have evidence to prove that he intentionally misrepresented the condition of the vehicle, then you're almost certainly going to lose if you sue. That's why you hear people say "Caveat Emptor" or "Buyer Beware".