L
larz617
Guest
i need to find out of i have a good case here for a small claims court case. please read the situation:
i recently looked at an '86 nissan 300ZX and bought it from a private owner. my father wrote a very standard bill of sale stating that the seller warrants that the car is legally his, that it is in good shape with the exception of a few body defects, and that it has been examined by the buyer and purchased "as is".
my extent of examining the car didnt go very far, since i dont know very much about cars and i just wanted one that would run well as a daily driver from school to work and home. i test drove the car for about 10 minutes with the owner and it seemed to run ok, with the exceptions of some buzzing noises that didnt seem to bother me too much. i wasnt used to the car, and after driving it for only 10 minutes (while we were both talking and not concentrating too much on tiny details), i decided that it would work out for me and bought it. the owner and i signed the bill of sale, i paid him, and drove off. on the drive home, i began to notice many unusual sounds from the transmission. later i found out that 2 out of my 3 brake lights were out, and it wasnt a problem with the bulbs, it was a wiring/electrical situation. same with one of the headlights. then i noticed a large area in the trunk filled with water and rust. the windshield washer fluid wouldnt come out. so i thought i could fix these minor problems and move on.
one day after i got my license plates and transfered the title, the last brake light got stuck ON, and since i didnt know how to fix the switch, i had to unplug the fuse so my battery wouldnt drain. now i cant drive the car because its considered illegal in my city (chicago).
the transmission started to become very irritating, and it wasnt shifting out of gears properly. (its a 5-speed). i wasnt sure exactly what the problem was, so i took it to a mechanic. i also asked him to quote me on fixing all the problems. after an hour of examining the car, he said $1900-2200. this is almost what i paid for the car!
i told the owner that he had misled me very badly, (he kept telling me the car was in beautiful condition and it would last me 4-5 years), and he said that the deal was already done and it was too late to change anything. remember, the bill of sale states that the car was sold in GOOD condition (according to kelley blue book, this means minor visual blemishes on the body and no major mechanical defects) and the owner signed the document. the car is obviously not in good shape and he gave much misleading information. however, the bill of sale also states that the buyer examined the car and purchases it as is. again, my examining skills dont include things like a transmission, but more like visual defects, bad brakes, missing parts, etc...does this mean that it doesnt matter what condition the car is in, even if on the same document it clearly says GOOD condition? i know i am at fault for not having taken the car to a mechanic, but the car is clearly not in the condition in which the owner said (and signed) it was in.
as for dates...
i bought the car 5/4/02. 5/8 i applied for license plates, 5/9 i got them, 5/10 the brake lights went out, 5/11 took the car to the shop, 5/12 found out that many severe problems existed.
the transmission is functional but in poor shape. i dont want to wait until i get enuogh money to fix it because who knows what shape it will be in by then.
if anyone has any advice please respond, i may take this guy to small claims court because i dont have the money to pay for an expensive transmission, and i was never informed of any transmission problems, nor could i easily tell they had existed until once i got used to the way the car drove. do i have a (strong) case against the previous owner? what could i use to back myself up??
i recently looked at an '86 nissan 300ZX and bought it from a private owner. my father wrote a very standard bill of sale stating that the seller warrants that the car is legally his, that it is in good shape with the exception of a few body defects, and that it has been examined by the buyer and purchased "as is".
my extent of examining the car didnt go very far, since i dont know very much about cars and i just wanted one that would run well as a daily driver from school to work and home. i test drove the car for about 10 minutes with the owner and it seemed to run ok, with the exceptions of some buzzing noises that didnt seem to bother me too much. i wasnt used to the car, and after driving it for only 10 minutes (while we were both talking and not concentrating too much on tiny details), i decided that it would work out for me and bought it. the owner and i signed the bill of sale, i paid him, and drove off. on the drive home, i began to notice many unusual sounds from the transmission. later i found out that 2 out of my 3 brake lights were out, and it wasnt a problem with the bulbs, it was a wiring/electrical situation. same with one of the headlights. then i noticed a large area in the trunk filled with water and rust. the windshield washer fluid wouldnt come out. so i thought i could fix these minor problems and move on.
one day after i got my license plates and transfered the title, the last brake light got stuck ON, and since i didnt know how to fix the switch, i had to unplug the fuse so my battery wouldnt drain. now i cant drive the car because its considered illegal in my city (chicago).
the transmission started to become very irritating, and it wasnt shifting out of gears properly. (its a 5-speed). i wasnt sure exactly what the problem was, so i took it to a mechanic. i also asked him to quote me on fixing all the problems. after an hour of examining the car, he said $1900-2200. this is almost what i paid for the car!
i told the owner that he had misled me very badly, (he kept telling me the car was in beautiful condition and it would last me 4-5 years), and he said that the deal was already done and it was too late to change anything. remember, the bill of sale states that the car was sold in GOOD condition (according to kelley blue book, this means minor visual blemishes on the body and no major mechanical defects) and the owner signed the document. the car is obviously not in good shape and he gave much misleading information. however, the bill of sale also states that the buyer examined the car and purchases it as is. again, my examining skills dont include things like a transmission, but more like visual defects, bad brakes, missing parts, etc...does this mean that it doesnt matter what condition the car is in, even if on the same document it clearly says GOOD condition? i know i am at fault for not having taken the car to a mechanic, but the car is clearly not in the condition in which the owner said (and signed) it was in.
as for dates...
i bought the car 5/4/02. 5/8 i applied for license plates, 5/9 i got them, 5/10 the brake lights went out, 5/11 took the car to the shop, 5/12 found out that many severe problems existed.
the transmission is functional but in poor shape. i dont want to wait until i get enuogh money to fix it because who knows what shape it will be in by then.
if anyone has any advice please respond, i may take this guy to small claims court because i dont have the money to pay for an expensive transmission, and i was never informed of any transmission problems, nor could i easily tell they had existed until once i got used to the way the car drove. do i have a (strong) case against the previous owner? what could i use to back myself up??