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Can I sue someone refusing to give money back for a car purchased?

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jharmon90

Junior Member
Delaware
I was referred to a guy we'll call Pat from a friend and met with him on April 20th to look at the vehicle. At the time the vehicle was at CARMAX being evaluated by a mechanic. I test drove the car and right away I realized it was going to need a wheel alignment. Pat also informed me that the car would need a tune up, but nothing else was wrong with the car. At the time the vehicles check engine light was not on. So, I paid Pat's wife $800 in cash to take the car and I told both of them that I would like for my mechanic to look over the car as well. We agreed that the remaining $200 balance would be paid on Friday April 22nd, 2016.
On Friday April 22nd ,2016 I met with Pat's wife at her job where she was having the title notarized. I paid her the remaining $200 for the car.
On Saturday April 23rd, 2016 my mechanic informed me that the cars electrical system had been tampered with and that the check engine light was on. My mechanic informed me that there was approximately $3500 worth of engine work that needed to be fixed on the car before it would not pass De state inspection.
On April 24th, 2016 I called and texted Pat to let him know that I was not satisfied with the car and wanted to return it to get my money back. I called twice with no answer. Then he texted back at 1711 stating that he would call me at 630 and that we would work it out. I texted back letting him know I was going to return the car back to his house. He said ok or I will come get it. I said do you know if we are doing this today because I have a lot to do. He said that’s fine I will call you at 630 I replied back ok. I didn’t hear back from him that night.
Monday April 25th I called Pat 6 times (phone records) after no reply I texted him. I said what’s up bro what are we doing? I didn’t receive a response so I returned the car to the lot where his other cars were and then I went over to his house, Patrick answered the door. He told me his wife had his phone all day and that he had been without his phone and that he wasn’t “ducking” me. He said he didn’t have the money but that worst case scenario he would pay me on Friday when his wife got paid. He said he had two other cars he was hoping to sell tonight and that if he made the sales he would pay me sooner.
When I went home that evening I informed my girlfriend what had happened and she called Pat. She spoke to him on the phone and he said the same thing as stated above to her. The phone call conversation was recorded.
On Friday April 29th, 2016 I called Pat multiple times in attempts to reach him. He didn’t answer the phone so I went over to his house. His 16 year old son answered the door and informed me that his father Pat was at his younger sisters school play. I asked him if it was possible for him to get ahold of him and he said yes, he shut the door and I waited for him to return. When he returned he handed me the phone and Pat's wife was on the phone. She stated that she sold the car as is and she didn’t know why her husband said he was going to return the money. I proceeded to inform her that if necessary that I would call the cops to file a police report. She hung up and I handed the phone back to her son. I returned to the car where my girlfriend was waiting. Approximately 10 mins later my girl received a call from Pat asking why I showed up to his house threatening his son to call the police. She told him no one had threatened his son and that we had been trying to return the keys and title so that we could get the money back. Pat said he didn’t have the money and hung up the phone. She tried to call back and got no response. She then texted him to make sure she understood what had just happened and she still didn’t get a response.
When we got back to her apartment a NCC officer was patrolling her complex. I flagged him down to ask what I should do and he just stated that a police report wouldn’t help but that I could file a complaint with the JOP court for small claims.
On Sunday May 1st 2016 I sent Pat a text to let him know if I didn’t hear back from him by the end of the day I was going to be pressing charges. My girlfriend called him and left a message as well and also sent a text stating the same thing. i need to know if I have a case or did i just lose out on $1000 and a car???
 


FlyingRon

Senior Member
What makes you think you're entitled to anything. You apparently bought an as-is car without doing proper due diligence. Not only did you not properly inspect the car, but you took it knowing that there were undiagnosed problems. Go retrieve your car, it's yours and Pat owes you nothing.
 

jharmon90

Junior Member
What makes you think you're entitled to anything. You apparently bought an as-is car without doing proper due diligence. Not only did you not properly inspect the car, but you took it knowing that there were undiagnosed problems. Go retrieve your car, it's yours and Pat owes you nothing.
I didn't know he was having the check engine light turned off while it was at carmax, to my understanding nothing was wrong with the car except the alignment and a tune up that was needed. It wasn't until my mechanic looked at the car and hooked it up to the computer that he learned it had been tampered with.
 

LdiJ

Senior Member
What makes you think you're entitled to anything. You apparently bought an as-is car without doing proper due diligence. Not only did you not properly inspect the car, but you took it knowing that there were undiagnosed problems. Go retrieve your car, it's yours and Pat owes you nothing.
I do not think I agree this time. They deliberately concealed problems with the car by tampering with the check engine light. Its one thing not to disclose problems, its another thing to tamper with something so that a problems cannot be known. That is something that a mechanic might even have missed.
 

xylene

Senior Member
Pat tampered with the cars emissions control system in a way that is likely criminal in and of itself and did so to defraud the OP.

Sue in small claims court.
 

Zigner

Senior Member, Non-Attorney
Delaware
I was referred to a guy we'll call Pat from a friend and met with him on April 20th to look at the vehicle. At the time the vehicle was at CARMAX being evaluated by a mechanic. I test drove the car and right away I realized it was going to need a wheel alignment. Pat also informed me that the car would need a tune up, but nothing else was wrong with the car. At the time the vehicles check engine light was not on. So, I paid Pat's wife $800 in cash to take the car and I told both of them that I would like for my mechanic to look over the car as well. We agreed that the remaining $200 balance would be paid on Friday April 22nd, 2016.
On Friday April 22nd ,2016 I met with Pat's wife at her job where she was having the title notarized. I paid her the remaining $200 for the car.
On Saturday April 23rd, 2016 my mechanic informed me that the cars electrical system had been tampered with and that the check engine light was on. My mechanic informed me that there was approximately $3500 worth of engine work that needed to be fixed on the car before it would not pass De state inspection.
On April 24th, 2016 I called and texted Pat to let him know that I was not satisfied with the car and wanted to return it to get my money back. I called twice with no answer. Then he texted back at 1711 stating that he would call me at 630 and that we would work it out. I texted back letting him know I was going to return the car back to his house. He said ok or I will come get it. I said do you know if we are doing this today because I have a lot to do. He said that’s fine I will call you at 630 I replied back ok. I didn’t hear back from him that night.
Monday April 25th I called Pat 6 times (phone records) after no reply I texted him. I said what’s up bro what are we doing? I didn’t receive a response so I returned the car to the lot where his other cars were and then I went over to his house, Patrick answered the door. He told me his wife had his phone all day and that he had been without his phone and that he wasn’t “ducking” me. He said he didn’t have the money but that worst case scenario he would pay me on Friday when his wife got paid. He said he had two other cars he was hoping to sell tonight and that if he made the sales he would pay me sooner.
When I went home that evening I informed my girlfriend what had happened and she called Pat. She spoke to him on the phone and he said the same thing as stated above to her. The phone call conversation was recorded.
On Friday April 29th, 2016 I called Pat multiple times in attempts to reach him. He didn’t answer the phone so I went over to his house. His 16 year old son answered the door and informed me that his father Pat was at his younger sisters school play. I asked him if it was possible for him to get ahold of him and he said yes, he shut the door and I waited for him to return. When he returned he handed me the phone and Pat's wife was on the phone. She stated that she sold the car as is and she didn’t know why her husband said he was going to return the money. I proceeded to inform her that if necessary that I would call the cops to file a police report. She hung up and I handed the phone back to her son. I returned to the car where my girlfriend was waiting. Approximately 10 mins later my girl received a call from Pat asking why I showed up to his house threatening his son to call the police. She told him no one had threatened his son and that we had been trying to return the keys and title so that we could get the money back. Pat said he didn’t have the money and hung up the phone. She tried to call back and got no response. She then texted him to make sure she understood what had just happened and she still didn’t get a response.
When we got back to her apartment a NCC officer was patrolling her complex. I flagged him down to ask what I should do and he just stated that a police report wouldn’t help but that I could file a complaint with the JOP court for small claims.
On Sunday May 1st 2016 I sent Pat a text to let him know if I didn’t hear back from him by the end of the day I was going to be pressing charges. My girlfriend called him and left a message as well and also sent a text stating the same thing. i need to know if I have a case or did i just lose out on $1000 and a car???
I would suggest that you go pick up your car.
Beyond that, you *might* be able to sue if you can prove the things you are claiming and you can prove that the seller knew about this things and actually misrepresented something to you.

Please keep in mind that the police aren't going to get involved and that you are not going to "press charges" against the guy. The worst you're going to do is sue him.
 

Zigner

Senior Member, Non-Attorney
Pat tampered with the cars emissions control system in a way that is likely criminal in and of itself and did so to defraud the OP.

Sue in small claims court.
How do you intend to prove that Pat tampered with anything?

ETA: Ok, how do you suggest that our OP proves it...
 

Zigner

Senior Member, Non-Attorney
I do not think I agree this time. They deliberately concealed problems with the car by tampering with the check engine light. Its one thing not to disclose problems, its another thing to tamper with something so that a problems cannot be known. That is something that a mechanic might even have missed.
Funny - once the OP had a mechanic look at it, it was apparent.
 

jharmon90

Junior Member
How do you intend to prove that Pat tampered with anything?

ETA: Ok, how do you suggest that our OP proves it...
I cant prove that that is what was being done, only that the mechanic said that the codes most likely didnt just pop up over night.
 

Zigner

Senior Member, Non-Attorney
I cant prove that that is what was being done, only that the mechanic said that the codes most likely didnt just pop up over night.
Oh, wait a minute - resetting an error code is NOT "tampering" with the electronics, but the mechanic's code reader WILL show how long it's been since it was last reset. Did your mechanic actually say the system was tampered with, or simply that the check-engine-light had been reset?

(Time for an anecdote)
I had a misfire on one cylinder in my truck that lasted for about 2,000 miles. The light would come on, I'd break out my code reader, check the error, and then I'd reset it. It would then come on in another 100-150 miles. After running fuel injector cleaner through the system, and using high octane gas, the light stopped coming on. It's been over 1,200 miles since it last gave me an error. (Oh, I changed the plugs and swapped the coils early on, but that didn't help.)
 

FlyingRon

Senior Member
I think we may be reading more into it. It said the check engine light was on. That's a sign I wouldn't purchase the car until I had the reason why (which can be anything from the gas cap being left off for a few miles to serious EC problems). The mechanic then claimed the electrical system had been "tampered' with. I'm at a loss as to how the two are related. If they just disabled the Check Engine light, you'd find that out seconds after putting the key in. It should come on before engine start.

It's not clear why this person paid $1000 for a car with known defects and took title BEFORE getting it checked out. The fact that CARMAX wouldn't touch it is a big red herring.
 

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