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Misrepresentation during Private? Party Sale

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Calboy9903

Junior Member
Purchased a rebuilt salvage car in California from ad on craigslist still in status of salvage certificate. I asked the seller if the airbags had deployed and he stated no. When I asked for pictures of the damage, he provided some and I was able to find the original auction listing and noticed that he had lied and the airbags had deployed. I call him on it and explicitly asked him if they had been repaired and he stated yes. There were was no airbag light warning light on and I had purchased a previous car from same person and had not had any problems, so I went through with sale. At the sale, I had him sign a paper that he certifies that the car had been restored to 'full functionality' and that he would cover any repairs for his work for 6 months. A friend witnessed the sale and the signatures.

I then try to register the car and find out that the title was stamped "For export only" and had been covered up with stickers with vin number or auction number. This was the same day of the sale and I call the seller and he says it should not be a problem. I am referred to CHP where I learn the airbag light has been disabled. I have the car codes scanned and find that the their are faults with all four airbags that had deployed. I contacted the seller after the inspection about the airbag light and missing part receipts and he says he will send his airbag person and provide the receipts for parts replaced. Now he doesn't reply to text or calls. It has been 2-3 weeks and he is not responding.

When he purchased the car at auction and when he sold it to me, he did so as a agent of a company in Mexico. I have an address on bill of sale and his bank account number and name, but I'm not sure how much of that information is accurate since he doesn't have his name on anything only the company and I never met him at that address. I'm certain he sales more than 5 cars a year on craigslist, so may be considered a dealer?

As I see it, he outright lied about the airbags, took steps to disable the light, but still signed a written warranty in the presence of a witness. I will be getting quotes but expect the repair to be $2k-$3k. I would like to take the seller to small claims court for fraud and to honor his written warranty, but I don't have his name on anything only the company. I could probably pose as buyer of another of his car to serve him papers, but I'm not sure who I should sue ( him and /or the Mexican company). I have no verifiable record of his name. The part receipt he provided was clearly fake as the Vin #'s for parts didn't match parts in car and the address he listed is non-existent.

The car can't be registered until repaired and isn't safe to drive. Any thoughts on how I should proceed?
 


adjusterjack

Senior Member
This is the SECOND time you bought a car from the SAME PERSON and you DON'T KNOW HIS NAME?

Yikes.

Good luck getting any money back on this deal.
 

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