bought a lemon

[brich]

I bought a used vehicle from an individual, 65 miles and 2 days as new owners the transmission went out. The vehicle has a rare trans and will cost more to replace than what we paid for vehicle. Paid $1700 for auto. Repairs are already totaling $1100 and not fixed yet. I stopped payment on the check for the auto after attempting to get some money returned or to return vehicle. Past owner will do nothing. Says it is our problem now. What do we do????

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by brich:
I bought a used vehicle from an individual, 65 miles and 2 days as new owners the transmission went out. The vehicle has a rare trans and will cost more to replace than what we paid for vehicle. Paid $1700 for auto. Repairs are already totaling $1100 and not fixed yet. I stopped payment on the check for the auto after attempting to get some money returned or to return vehicle. Past owner will do nothing. Says it is our problem now. What do we do????<HR></BLOCKQUOTE>


My response:

Congratulations!! You've just opened yourself up to litigation for breach of contract, anticipatory breach of contract, and bad faith. Damages against you the likes of which you've never seen. Why?

All because you bought a used vehicle, that doesn't mean it comes with a warranty or guarantee of any kind. This was a private sale, and as such, and in the absence of fraud on the seller's part (which is next to impossible to prove), you had an obligation to yourself to have the vehicle inspected by your own mechanic before you purchased the vehicle. The car is yours, and you really did the wrong thing by breaching the contract. When buying from a private party, and without proof of fraud, it's "Buyer Beware." If I were you, I'd make good on that check before the seller goes to an attorney.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[brich]

We have offered to pay him less money for the vehicle and have asked him to just assist in the repair bill.. He as been totally unreasonable. Also has withheld details as to other problems that existed which we consider normal maintence and are willing to fix ourselves. If we pay him the original purchase price can we sue for part or all of repair bills or have we been HAD?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by brich:
We have offered to pay him less money for the vehicle and have asked him to just assist in the repair bill.. He as been totally unreasonable. Also has withheld details as to other problems that existed which we consider normal maintence and are willing to fix ourselves. If we pay him the original purchase price can we sue for part or all of repair bills or have we been HAD?<HR></BLOCKQUOTE>


My response:

No. Please understand these concepts:

1. You bought a used vehicle from a private party - - you didn't buy a new vehicle, so of course there are going to be problems that you get to "Inherit";

2. You have not alleged, nor can you prove, fraud;

3. You had an obligation to have the vehicle inspected BEFORE you handed over the money.

4. There are NO guarantees or warranties in a "private sale" unless one was given to you IN WRITING by the seller.

5. You have NO legal recourse, and the seller will sue you for the money and the other causes of action I have specified.

6. PAY THE MONEY.

In short, and in the absence of fraud, you have only yourself to blame in this matter. If you had the vehicle inspected prior to buying it, you probably wouldn't have bought it, or in the jam you have caused to yourself. You should seek legal counsel to review your rights and responsibilities in this matter.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 27, 2000).]