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The car i bought was a lemon can i get my money back?

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mspriscilla

Junior Member
I live in GILROY,CALIFORNIA. In january 2010 i bought a 1985 honda accord for $1,100. In may 2010 the motor went out. The agrrement we both signed didnt say AS IS. Can i sue and get my money back? I have no transportation now and no more money for another car.:confused:
 


Zigner

Senior Member, Non-Attorney
And, the final nail in the coffin is that it was EXPLICITLY STATED that this was an AS-IS sale. Not even a ghost of a chance!
 

sandyclaus

Senior Member
And, the final nail in the coffin is that it was EXPLICITLY STATED that this was an AS-IS sale. Not even a ghost of a chance!
Sorry Ziggy, but you misread OPs post. She specifically said that the agreement they signed DID NOT state that the sale was AS IS.

But . . .

All private party sales are considered AS IS unless specifically stated otherwise in a written guarantee or warranty provided with the sale.

It is the buyer's responsibility to make sure the vehicle is fit and operational, which is why it is ALWAYS recommended to have a mechanic inspect the vehicle BEFORE a sale is finalized. Once the sale is final, you're stuck with the deal as agreed. You can't now blame the seller if you did not exercise due diligence and have the car inspected before you completed the sale, especially with a 25 year old car.
 

Zigner

Senior Member, Non-Attorney
Sorry Ziggy, but you misread OPs post. She specifically said that the agreement they signed DID NOT state that the sale was AS IS.
You're right


But . . .

All private party sales are considered AS IS unless specifically stated otherwise in a written guarantee or warranty provided with the sale.

It is the buyer's responsibility to make sure the vehicle is fit and operational, which is why it is ALWAYS recommended to have a mechanic inspect the vehicle BEFORE a sale is finalized. Once the sale is final, you're stuck with the deal as agreed. You can't now blame the seller if you did not exercise due diligence and have the car inspected before you completed the sale, especially with a 25 year old car.
You're right


And, I'd like to add this: The OP drove the car for FOUR MONTHS. Does s/he think the seller KNEW that the engine would blow 120 days down the road? I think not.
 

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