Can I sue previous owner?

[cpgar]

What is the name of your state? Arizona

I just found out that my 2002 BMW M3 I purchased for 44K from a private party in California this past June 2003 was in an accident before I purchsed it (accident occurred 3/2003). I am very angry.

The seller (who was the origional owner) lied and misrepresented the vehicle to me. He flat out lied to me verbally about the car's history. I also have him stating this in writing that the car has never been in an accident.

To me, the car is now damaged goods and I no longer want it and will sell it. However, I know that someone else will not pay what I will want due to the accident history and I will lose out. This certainly is not fair.

So my question is whether I can sue the origional owner for my loss. I have read about "inherent diminished value" and feel it applies to my case. If so, would I have to seek an attorney in California or Arizona?

I am open to any and all suggestions or advice on how I should proceed.

Thanks!

 

[azmother3]

Did he sell you the vechile as is?

 

[azmother3]

actually if he has a bill of sale and it states "as is" no he can not sue unless he has a paper signed stating that he is no damge, never been in an accident etc.

 

[knotcops]

Just because the vehicle was involved in an accident does not mean it has diminished value even though you feel it applies here. How bad was the accident? What part of the car was damaged? Was it a fender bender?

 

[kurtlclark]

If you have his statement in writing and can prove it is his statement then you may have enough for a case of fraud. There are many factors that go into this though as stated by others with "AS-IS" and such. I would recommend an attorney in Cali since that is where the vehicle was purchased but ask them for an initial consult to review whether or not you have enough to go forward and their recommendation on which state as I am no expert for those state laws. In the case of "diminished value" it may or my not have a diminished value as stated correctly by knotcops but "inherent diminished value" is basically the perception that it now does, as you have stated that you now believe it is diminished, that is "inherent" and as soon as almost any consumer finds out that a vehicle has been in an accident they will draw the same conclusion. So it doesn't have to be literally diminished to be diminished in the eyes of a buyer.

 

[Doug_Behr]

California auto fraud lawyer

If you do need to hire a lawyer in California who specializes in used car fraud, I was really happy with a guy by the name Howard Silver. He's at http://www.california-lemonlaw.com

HTH

Doug N Behr