CAR SALE LAWS??

[Mandalin]

I recently bought a Dodge Neon from a private seller. To make a long story short, I asked him if there were any problems, he said no- one day later I took it to get the oil changed and found out the car had a cracked head gasket (will cost 900 dollars to fix)- I called the seller and he didn't believe me when I told him about the crack.. he said "well I knew it was leaking a little oil..." I told him that if I knew about the leak I wouldn't have bought the car. He told me he'd buy the car back, but it would "be a while"... in the meantime- what happens if more problems arise due to the crack? What are my rights here??

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mandalin:
I recently bought a Dodge Neon from a private seller. To make a long story short, I asked him if there were any problems, he said no- one day later I took it to get the oil changed and found out the car had a cracked head gasket (will cost 900 dollars to fix)- I called the seller and he didn't believe me when I told him about the crack.. he said "well I knew it was leaking a little oil..." I told him that if I knew about the leak I wouldn't have bought the car. He told me he'd buy the car back, but it would "be a while"... in the meantime- what happens if more problems arise due to the crack? What are my rights here??<HR></BLOCKQUOTE>

My response:

You're not going to like this, but . . .

You bought it, hook, line and sinker. In a private sale, there are no warrantees, guarantees, and if the seller said, "Hey, this car's in great shape", it's meaningless, and called "puffing." You had an obligation to yourself, and I'm sure you had an opportunity, to take the car to a mechanic for a check-up before you bought it. Now, your stuck. However, if you can prove "fraud", then the contract will be voided by a judge. But, don't hold your breath, because the proof of "intent" to defraud is extremely difficult to prove. The seller is putting you off, and you'll probably never get a call back, or see your money again.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited May 02, 2000).]

 

[joannej]

I live in Texas.

Do I have to inform someone who purchases
my car of any trouble that I might be
having with the car? I thought that if
they asked, you had to tell them the truth.

Thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by joannej:
I live in Texas.

Do I have to inform someone who purchases
my car of any trouble that I might be
having with the car? I thought that if
they asked, you had to tell them the truth.

Thanks.<HR></BLOCKQUOTE>

My response:

Truth is always the best policy. But, just like in the Service, what's the old saying? Never volunteer (information). If they don't ask, don't tell. It's up to the buyer to have a car checked out before a sale is consumated, and if they don't, who's fault is that? If they buy the car on an "as-is" basis, then they bought a car. In a private sale of a car, the seller is never a guarantor or an insurer of the fitness of a vehicle for any particular purpose - - even driveability.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."