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Lied to about transmission on used car sale and have proof. Would I win in small claims court?

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mav91890

Member
(Gainesville, FL)
Basically, I bought a used car from a long time friend. He specifically told me multiple times over FB messenger/text that the transmission he had put in was new. I asked, brand new? And he said yes, it's new. Only to find out after I purchased the car he would not give me the paperwork from the transmission shop. I gave him three months to provide this paperwork until I had enough and called the shop myself, suspecting he was lying to me. Which turned out to be the case, he was trying to string me along the whole time.

Turns out the transmission was used, not brand new as stated. I asked him about this and now he has blocked my phone numbers and on Facebook. I want to get retribution but not sure if small claims court would be worth my time or effort. The trans shop cannot give me the paperwork because it's in his name but they told me it was definitely a used transmission. I'm afraid he'll just lie in court though, because I don't have access to any of this paperwork. Is there anything I can do? Would I have a reasonable chance in court? I have all of our communications documented, from pre-sale till now. Thanks so much!
 


PayrollHRGuy

Senior Member
You subpoena the records from the shop. You may have a problem getting the messenger/texts admitted if the seller simply says he didn't send them.

Since you knew the transmission was an issue why did you buy the car before getting the paperwork? And why did you give him 3 months for what should have taken 3 minutes?

How much money are we talking here?
 

mav91890

Member
Because he was a long time friend and I stupidly thought I could trust certain people. Never again. Plus, I was a little naive about how to go about buying a used car. I didn't know if you could subpoena records for small claims court case. I guess that's true he can just lie and say he never sent them, even though it's obviously a lie. The car runs fine rn, not like I got totally screwed, but this was supposed to have a brand new trans put into the car, not a used one. Maybe a $1000 difference. Was basically just asking around to see if it's even worth going through trouble of small claims court. If not, he's going to get what's coming to him, regardless. Thank you for your reply.
 

mav91890

Member
You subpoena the records from the shop. You may have a problem getting the messenger/texts admitted if the seller simply says he didn't send them.

Since you knew the transmission was an issue why did you buy the car before getting the paperwork? And why did you give him 3 months for what should have taken 3 minutes?

How much money are we talking here?
There was nothing I could really do to get the paperwork that's why I waited. I guess I'll probably have to write it off as a loss.
 

PayrollHRGuy

Senior Member
There was nothing I could really do to get the paperwork that's why I waited. I guess I'll probably have to write it off as a loss.
You could have not bought the car before you had the info you wanted.

Now that you have you can sue, you may not win, and you will need to subpoena the shop to prove that the transmission was used and the seller knew or should have known it was used.
 

Litigator22

Active Member
(Gainesville, FL)
Basically, I bought a used car from a long time friend. He specifically told me multiple times over FB messenger/text that the transmission he had put in was new. I asked, brand new? And he said yes, it's new. Only to find out after I purchased the car he would not give me the paperwork from the transmission shop. I gave him three months to provide this paperwork until I had enough and called the shop myself, suspecting he was lying to me. Which turned out to be the case, he was trying to string me along the whole time.

Turns out the transmission was used, not brand new as stated. I asked him about this and now he has blocked my phone numbers and on Facebook. I want to get retribution but not sure if small claims court would be worth my time or effort. The trans shop cannot give me the paperwork because it's in his name but they told me it was definitely a used transmission. I'm afraid he'll just lie in court though, because I don't have access to any of this paperwork. Is there anything I can do? Would I have a reasonable chance in court? I have all of our communications documented, from pre-sale till now. Thanks so much!
Not sure what you mean by, "I want to get retribution"? You want the court to slap his wrists or what? (You might want to consult a dictionary.)

Anyway, if you have in mind a court of law awarding you a thousand bucks or any monetary amount because you think it represents the difference between what you paid for the vehicle and what you "think" it is actually worth, then fugetaboutit because it won't fly!

The circumstances described suggest but one remedial cause of action and that is rescission of the sale. To sustain it you'd need to prove that the seller knowingly made a material false representation as to the condition of the vehicle for the purpose of inducing you to purchase the vehicle. Plus and most important that you had the right to rely on that representation.

However, it would be unrealistic to think that a court would order the seller to refund the purchase price upon the return of the vehicle; not after you have put it to use for three months!
 
However, it would be unrealistic to think that a court would order the seller to refund the purchase price upon the return of the vehicle; not after you have put it to use for three months!
As he has been driving the vehicle for 3 months he now has a genuine used transmission ;)
 

mav91890

Member
Appreciate the feedback, I've learned when it comes to any financial transaction, even $20, double check everything. I trusted the guy and have known him for a long time. He also knew that I was inexperienced and too advantage of that. He'll get what's coming to him. I really appreciate all the help, thanks.
 

Shadowbunny

Queen of the Not-Rights
Appreciate the feedback, I've learned when it comes to any financial transaction, even $20, double check everything. I trusted the guy and have known him for a long time. He also knew that I was inexperienced and too advantage of that. He'll get what's coming to him. I really appreciate all the help, thanks.
Twice you've stated that he'll "get what's coming to him." I would sincerely hope you're not making threats of physical harm, nor doing any other type of vigilante justice.
 
I was once told many moons ago that if someone puts a document in front of you and says "No need to read it, it's just a standard form; sign here"
Read it at least twice before signing.
 

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