Seller misrepresented condition of vehicle

[kaufmanj1973]

I am in Wisconsin. Two days ago I purchased a 2003 Ford Focus. The seller (a woman and her father) both represented the car as being in "excellent condition" and repeatedly stated that the car was "dependable." (They also represented it as a 2003 Ford Focus "SE" but it actually turned up as an "LX" model.) I drove it home (about a 4 mile drive, lower speeds the entire way), and parked it so that I could register, title and insure it. I did so that same day. After getting that all taken care of, I took it out for a spin, and immediately noticed problems.

The car (an automatic transmission) got almost no power at all above 30 mph. I could hear the engine revving up, but no power. It barely made it up a few hills in my town, struggling the entire way. After getting home, I checked all of the fluid levels, and discovered that there was very little transmission fluid in the system. I added fluid, and took it for another drive to test it. This time it was even worse. I ended up doing 20 mph along a major highway the entire way home (about 3 miles), all the while hearing a bunch of clunking and whining from the front of the vehicle.

I have attempted to contact the seller (the owner of a vehicle repair service), and he again stated (via e-mail) that "She has never had any problems with the transmission and never had to add fluid to it."

I never expected a perfect car, but I DID expect to get the vehicle that they were representing it to be: excellent condition and dependable. The car I received is NEITHER. Because I have it in writing that the car was in a certain condition, but the car I received obviously didn't match the claimed condition, do I have any claim against the seller?

 

[Shadowbunny]

I am in Wisconsin. Two days ago I purchased a 2003 Ford Focus. The seller (a woman and her father) both represented the car as being in "excellent condition" and repeatedly stated that the car was "dependable." (They also represented it as a 2003 Ford Focus "SE" but it actually turned up as an "LX" model.) I drove it home (about a 4 mile drive, lower speeds the entire way), and parked it so that I could register, title and insure it. I did so that same day. After getting that all taken care of, I took it out for a spin, and immediately noticed problems.

The car (an automatic transmission) got almost no power at all above 30 mph. I could hear the engine revving up, but no power. It barely made it up a few hills in my town, struggling the entire way. After getting home, I checked all of the fluid levels, and discovered that there was very little transmission fluid in the system. I added fluid, and took it for another drive to test it. This time it was even worse. I ended up doing 20 mph along a major highway the entire way home (about 3 miles), all the while hearing a bunch of clunking and whining from the front of the vehicle.

I have attempted to contact the seller (the owner of a vehicle repair service), and he again stated (via e-mail) that "She has never had any problems with the transmission and never had to add fluid to it."

I never expected a perfect car, but I DID expect to get the vehicle that they were representing it to be: excellent condition and dependable. The car I received is NEITHER. Because I have it in writing that the car was in a certain condition, but the car I received obviously didn't match the claimed condition, do I have any claim against the seller?

do I have any claim against the seller? No. WI's lemon law doesn't apply when you purchase from a private party.

I'm curious: why didn't you test drive it BEFORE you bought it? And why didn't you have a mechanic check it out?

 

[kaufmanj1973]

Recognize that lemon law does not apply.

I realize that Wisconsin's "Lemon Law" applies only to dealers (used and new). That wasn't what I was going for. What I'm wondering is, if a seller deliberately misrepresents the condition of a vehicle and knowingly sells it without disclosing the problem, wouldn't that constitute misrepresentation and FRAUD?

 

[quincy]

I realize that Wisconsin's "Lemon Law" applies only to dealers (used and new). That wasn't what I was going for. What I'm wondering is, if a seller deliberately misrepresents the condition of a vehicle and knowingly sells it without disclosing the problem, wouldn't that constitute misrepresentation and FRAUD?

"Excellent condition" and "dependable" can be looked at as subjective descriptors (although one could reasonably expect more from an excellent car than just a good or fair one).

How was the condition of the car excellent (clean, no dents or rust)? How was the car dependable (the woman perhaps only drove 4 miles a day at 20 mph to get to where she needed to go)? The Focus may have seemed both in excellent condition and dependable to the seller.

It would be fraud and misrepresentation to claim the car had only 10,000 miles when it is later discovered the odometer had been rolled back and the car actually had 100,000 miles. It would be fraud and misrepresentation to claim the car had never been in an accident if it is later discovered the car had been rear-ended. It would be fraud and misrepresentation to claim the car had never had water damage when it is later discovered the car sat under water for two days on a flooded expressway.

It is really important when buying a used car, from dealers but especially from private parties, to have your own trusted mechanic check the car out prior to purchase (and the mechanic could have told you right away that the car was an LX and not an SE).

 

[Astrolink]

Just wanted to add that I've had over 300 cars in my life. Two of those cars, which I fully checked out before purchasing, broke down with serious problems on the way home. The seller may well have represented honestly when the car left his driveway. It sounds like the car developed a serious transmission leak. Regretfully, automatic transmissions are very unforgiving when they run low on fluid and it sounds like it needs major repair.

As for the SE and LX designation. The SE has a book price of about 40% higher. I'll let an attorney here comment on whether that makes a difference when it comes to representation, but if you google the 2, it's very easy to tell the difference. I would have certainly done that legwork before I would have ever looked at the car.