Private party sale Ripoff....

[v8babe1964]

What is the name of your state (only U.S. law)? CA

What rights do I have as a consumer re: The Lemon Law? and/or Misrepresentation of Goods for Sale when it is supposedly a private party sale? The seller in this situation is actually a used car dealer, (licensed?), posing as an individual in a private party sale. He sells used cars from his and other residences, advertising on the street. Not only is this car a lemon, which he had to be aware of since he had his own mechanic doing some last minute minor repairs he, (seller), said, it was a outright danger to the public and self. The seller also knew that the money was from my father, (senior citizen), and had no problem ripping him off or myself, (my only source of income is SSI).

 

[CourtClerk]

What did the inspection report say BEFORE you paid for the car? Of course, you had the car inspected...

What year is this car?

 

[racer72]

What does this have to do with Workplace Injuries & Worker’s Compensation?

 

[pattytx]

What does this have to do with Workplace Injuries & Worker’s Compensation?

Thank you.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA

What rights do I have as a consumer re: The Lemon Law? and/or Misrepresentation of Goods for Sale when it is supposedly a private party sale? The seller in this situation is actually a used car dealer, (licensed?), posing as an individual in a private party sale. He sells used cars from his and other residences, advertising on the street. Not only is this car a lemon, which he had to be aware of since he had his own mechanic doing some last minute minor repairs he, (seller), said, it was a outright danger to the public and self. The seller also knew that the money was from my father, (senior citizen), and had no problem ripping him off or myself, (my only source of income is SSI).

1) This has absolutely nothing to do with the subject matter of this forum section...

and

2) Whether a private party or dealer sale, CA Lemon Law Consumers - Motor Vehicle Warranty and Lemon Law - California Dept. of Justice - Office of the Attorney General provides protection ONLY in the case of a vehicle sold with an express WRITTEN warranty. Unless they provided something IN WRITING regarding the condition of the vehicle that contradicted the actual condition (as verified by your private mechanic when you had it inspected), you would be unable to prove misrepresentation. Many sellers, both private parties and dealers, make a lot of verbal promises, but "If it ain't in writing, it never happened."

You had the opportunity (and the responsibility) to have that vehicle inspected by your own personal mechanic before you decided to buy it. If you had had an inspection done, you would have known that the car was unsafe and would have made a better decision (to buy or not to buy).

Take this as a lesson in what NOT to do next time, and enjoy your new car.

 

[latigo]

This has absolutely nothing to do with the subject matter of this forum section...

Very astute of you to observe that this thread has nothing to do with “work place injuries and worker’s compensation laws”.

But then your reference to the web page of California Attorney General Edmund G. Brown’s brief discussion of California’ s “Song-Beverly Consumer Warranty Act”, has nothing whatsoever to do with issues concerning the OP’s purchase of a used motor vehicle!

(seller) is actually a used car dealer . . he sells used cars from his and other residences, advertising on the street.

California Civil Code Title 1.7 Consumer Warranties CHAPTER 1. CONSUMER WARRANTY PROTECTION Article 1. General Provisions

Section 1790. This chapter may be cited as the "Song-Beverly Consumer Warranty Act."

Section 1791. As used in this chapter: (a) Consumer goods" means any new product or part thereof . . . . “

Furthermore, your non-authoritative spiel about a buyer’s civil remedies and the proof necessary to sustain an action for rescission due to fraudulent misrepresentations by a seller of goods - used or new, express or implied warranty or sans any warranty whatsoever –

And in particular your representation that the “Song-Beverly Act” affords protection to the consumer “

ONLY in case of a vehicle sold with an express WRITTEN warranty

are speciously corruptive of not just the Act itself but established tort and contract law. Laws which are clearly foreign to you.