Defective Car: Owners Not Honest

[zealot777]

I live in California.
I don't know if this is the appropriate forum, but I will try. Move it to the right place of this is wrong.

In October of 2008 I bought a car from a person at a high price --the Kelly Blue book value for a car being in good condition, I believe. The owners did not tell me it had a transmission and oil leak, and they didn't tell me it was missing a timing belt cover. The car was probably in "fair," not "good" condition. Also, the man [of the house] gave me his mechanical business card, and told me that he would help me with any mechanical problems should they arrive. When I later called him and asked about getting mechanical help, he told me to call his wife. I called and left a message, and neither she or he ever called or helped me. They lied and manipulated be into buying the car. Can I take any kind of action against them? BBB, small claims, etc, or is there a limited statute of time?

Please, only serious and knowledgeable people need reply. Thank you.

 

[ecmst12]

If this was a private party sale for a used car, not through a dealership, then the sale would be "as-is" unless you had something in writing stating otherwise. I have no idea why you think the BBB might get involved in something that had nothing to do with a business. But you would not have any recourse even one day after you bought the car, let alone 4 years later. Do you even still have the car?? You should have had the car checked out by your own mechanic before you bought it. Lesson learned I hope.

You seem to be using this forum to find out how you can sue someone for every little thing that has ever happened in your life that didn't turn out the way you wanted. Sorry, the world does not work that way.

 

[OHRoadwarrior]

Any assurances they gave you almost 3 years ago are likely not worth the echo of the words.

 

[sandyclaus]

I live in California.
I don't know if this is the appropriate forum, but I will try. Move it to the right place of this is wrong.

In October of 2008 I bought a car from a person at a high price --the Kelly Blue book value for a car being in good condition, I believe. The owners did not tell me it had a transmission and oil leak, and they didn't tell me it was missing a timing belt cover. The car was probably in "fair," not "good" condition. Also, the man [of the house] gave me his mechanical business card, and told me that he would help me with any mechanical problems should they arrive. When I later called him and asked about getting mechanical help, he told me to call his wife. I called and left a message, and neither she or he ever called or helped me. They lied and manipulated be into buying the car. Can I take any kind of action against them? BBB, small claims, etc, or is there a limited statute of time?

Please, only serious and knowledgeable people need reply. Thank you.

I'm assuming that this had to be a private party sale of a used car, based solely on what little you have shared.

Unfortunately, CA law only requires that the car have a valid Smog Certificate in order to transfer ownership. They don't require that the vehicle meet specific mechanical standards unless any defects affect the ability to get the car smogged.

You have to understand that some people will tell you ANYTHING to get you to buy their POS cars. Unfortunately, unless you can prove that they intentionally misrepresented the vehicle's condition (as in EVIDENCE to show that they knew about defects and didn't disclose them), then it would be up to YOU (the buyer) to verify the condition prior to purchase. That's the reason we ALWAYS tell you to have your own private mechanic look the car over prior to purchase, so that you can get an unbiased report on what is and isn't wrong with the car, and a professional opinion on whether or not the vehicle is worth the price the seller is asking for. If you don't, then it's all about "BUYER BEWARE".

Sure, perhaps the seller offered you mechanical assistance at any time in the future. But they never had any obligation to do so, absent a written warranty or guarantee at the time of the sale that provided it.

Last, but certainly NOT least, you bought that car FOUR YEARS AGO. Any opportunity you may have had to seek recourse from the seller has long since passed.

 

[zealot777]

You seem to be using this forum to find out how you can sue someone for every little thing that has ever happened in your life that didn't turn out the way you wanted. Sorry, the world does not work that way.

It's just that growing up I didn't know I had so many rights. I would be a millionaire today if I sued everyone who deserved it. Today I assume everyone is a pathological liar until and unless proven otherwise. No matter how polite, nice and professional, I trust no one today. I disagree with what you said about the world. It's what we make it.

 

[zealot777]

You seem to be using this forum to find out how you can sue someone for every little thing that has ever happened in your life that didn't turn out the way you wanted. Sorry, the world does not work that way.

That's my right. It's just that growing up I didn't know I had so many rights. I would be a millionaire today if I sued everyone who deserved it. Today I assume everyone is a pathological liar until and unless proven otherwise. No matter how polite, nice and professional, I don't trust any of them. I disagree with what you said about the world. It's what we make it. I don't believe in suing. I just like asking questions. I think I was told before that I could sue those people.

P.S. I can't get the Submit and Preview buttons to work.

 

[Mass_Shyster]

I would be a millionaire today if I sued everyone who deserved it.

In the words of Clint Eastwood: "Deserve has nothing to do with it".

If you sued everyone who deserved it, you would have spent millions on legal fees, but probably would never prevail.

The guy who sold you the crummy car surely deserves to get sued, but if you sue, you won't win. You'll just pay a lawyer a bunch of money to represent you in a losing lawsuit.

The dentist who filed your teeth surely deserves to get sued, but if you sue, you won't win. You'll just pay a lawyer a bunch of money to represent you in a losing lawsuit.

The church that banned you surely deserves to get sued, but if you sue, you won't win. You'll just pay a lawyer a bunch of money to represent you in a losing lawsuit.

 

[ecmst12]

I disagree that any of those people "deserve" to be sued. You are misunderstanding your "rights". Sure, you have the "right" to sue anyone you want, for any stupid reason you can think of, but that doesn't mean you have any valid legal grounds for the suit or that you could get anything out of it. The guy who sold you this car may have been lying or he may have just been wrong, but since you bought the car "as is", suing him would get you nothing but a heap of wasted time and possibly a bill for the other guy's legal fees.

You are going on about your rights, but not giving any thought to your responsibilities. It's your responsibility to inspect your purchases before you buy them and not depend on the word of a stranger who claims it's in good condition because he wants it off his hands.

You are demonstrating an UTTER lack of understanding of what the legal system can and can't do for you. I assure you, you would NOT be a millionaire if you had sued any or all of the people you have posted here about. But you've been told that in every post, and yet you fail to believe it.

 

[tranquility]

Today I assume everyone is a pathological liar until and unless proven otherwise.

There are people who can help you with that. In fact, it may be chemical.

I have a client who feels much the same way. She is a sad and lonely woman who has been sued by each of her children and by many others. Karma, reap what you sow and all that.

 

[Antigone*]

Posting history folks.

 

[You Are Guilty]

In the words of Clint Eastwood: "Deserve has nothing to do with it".

If you sued everyone who deserved it, you would have spent millions on legal fees, but probably would never prevail.

The guy who sold you the crummy car surely deserves to get sued, but if you sue, you won't win. You'll just pay a lawyer a bunch of money to represent you in a losing lawsuit.

The dentist who filed your teeth surely deserves to get sued, but if you sue, you won't win. You'll just pay a lawyer a bunch of money to represent you in a losing lawsuit.

The church that banned you surely deserves to get sued, but if you sue, you won't win. You'll just pay a lawyer a bunch of money to represent you in a losing lawsuit.

Again, I find myself putting on my Spokesperson for the Starving Lawyers of America Union (Local 666) hat. I have to disagree with your conclusion here. Lawyers need to fleec-- err, eat too. I continue in my steadfast belief that everyone, everywhere, immediately contact and engage as many attorneys as they can find. There is no other way to safeguard my new pool-- err, I mean, "the Constitution".

Remember folks, if you don't hire a lawyer today, the terrorists win.

 

[latigo]

I live in California.
I don't know if this is the appropriate forum, but I will try. Move it to the right place of this is wrong.

In October of 2008 I bought a car from a person at a high price --the Kelly Blue book value for a car being in good condition, I believe. The owners did not tell me it had a transmission and oil leak, and they didn't tell me it was missing a timing belt cover. The car was probably in "fair," not "good" condition. Also, the man [of the house] gave me his mechanical business card, and told me that he would help me with any mechanical problems should they arrive. When I later called him and asked about getting mechanical help, he told me to call his wife. I called and left a message, and neither she or he ever called or helped me. They lied and manipulated be into buying the car. Can I take any kind of action against them? BBB, small claims, etc, or is there a limited statute of time?

Please, only serious and knowledgeable people need reply. Thank you.

You have several insurmountable hurdles.

The vehicle was sold without express warranty and there is no implied warranty of fitness regarding the sale of used goods, including motor vehicles.

There are no so-called “lemon laws” applicable to used motor vehicles.

You had a reasonable opportunity, which you apparently did not exercise, to have the vehicle inspected by a qualified auto mechanic.

None of the defects you mention could be considered latent. A cursory inspection would reveal precisely what you are now belatedly complaining about.

(Your failure at the time to call the seller’s attention to the obvious problems is suggestive of other motives.)

The courts recognizing and ignore from the standpoint of the seller's liability a reasonable amount of “buffing”. Plus, the words “good” condition” is susceptible to any number of personal interpretations.

In California there is a two-year statute of limitations "upon a contract, obligation or liability not founded upon an instrument of writing". See: California Code of Civil Procedure Section 339,

_____________

Your ill-mannered "caveat" that “only serious and knowledgeable people need reply” seems somewhat of an oddity inasmuch as you showed little or none of either in making this purchase.

However, to be very “serious”, you have NO legal recourse against your seller whatsoever!