Car Question

[inquisitive2002]

Hi all,

I bought a car via the internet and the seller grossly misrepresented the condition of the car. The odometer, speedometer wasn't working. The trunk lock was missing. The odometer reads a different mileage than was stated (30K mile difference). The passenger door sags. The heat doesn't work. He claimed he would send a Clarion CD player, sent a Kenwood. The radio he sent didn't have the attachment clips so I can't hook it up. Electrical problems that constantly drain the battery. Driver's seat is not safely welded to the car. Claimed it needed a new positraction unit, in reality it needed a brand new rear axle.

When I asked him about it, his defense is that it was a good car for the money. When I threatened to sue, he began claiming the car wasn't his. He says he sold it for a friend. However, it was he whom I sent the check to and it was his account that was used on the auction site. I had the police in his area pursue the issue however they said criminal charges aren't likely because he claims the intent to defraud was not there. However, I believe he knew full well the issues associated with the car.

Two questions: Is he liable? What are my chances of winning a small claims case against him?

 

[du_nomad]

Do you have a copy of the advertisement as well as something in writing where he states specifically the additional items he was to send? If not, then you'd be hard pressed to prove your case. If you do, then proving intent to defraud should be fairly easy (the odometer variance, the condition rating, etc.). As for him saying he was selling it for a friend, was his name on the title? Was he the one who signed over the pink slip to you? If so, then his claim is false. If not, then he was acting as a broker . . . that might open up some other problems (for him, mostly, but possibly for you as well). Since you paid him and can prove it (cancelled check), then he would be the one you would go after in court . . . it would then be his responsibility to seek reimbursement from his friend.

Most small claims courts have free advisory clinics, where a law student will sit down with you, go over the situation, let you know where you stand and advise you on what steps to take. I'd suggest you contact your local court house to make an appointment.

 

[inquisitive2002]

Well, I've saved the Ebay page on my computer that shows specifics such as Clarion radio, mileage, rust condition, etc... However the other fellow was on the title. But in all dealings, it was the original person who contacted me. He sent me email asking for payment. He cashed the check. In fact, the address that was listed was the same as that on the title. So, I believe that he lives with the other person. In any case, he knew the condition of the car. So is that how things should be presented a comparison between what was stated and the actual condition of the car.