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mislead on used car from private seller

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cutegrrl

Junior Member
What is the name of your state? ca
i purchased a used car from an ad, talk to the lady she told me the car needed minor repairs,t-up,ol change, and the brake pads needs to be changed. so by me not having a mechanic, just didnt know anybody so friend and checked it out they also heard her say those same thing. how bad i needed a car, i expressed that first time we talked. took car to shop, she wouldnt let me get it checked, i was happy to have found a car and i think she fed on that and mislead me about the car. mechanic said the whole ABS brake system is shot will be $800 to 1,000 to fix, pd 700 for it. i need serious help.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? ca
i purchased a used car from an ad, talk to the lady she told me the car needed minor repairs,t-up,ol change, and the brake pads needs to be changed. so by me not having a mechanic, just didnt know anybody so friend and checked it out they also heard her say those same thing. how bad i needed a car, i expressed that first time we talked. took car to shop, she wouldnt let me get it checked, i was happy to have found a car and i think she fed on that and mislead me about the car. mechanic said the whole ABS brake system is shot will be $800 to 1,000 to fix, pd 700 for it. i need serious help.
You needed help BEFORE you bought your car. It is your car.
In the future (and for anyone else considering buying a car), if a seller won't let you have it inspected by a mechanic, RUN, don't walk away from the car.

PS: Did you get a smog cert/evidence of the vehicle passing smog?
 

cutegrrl

Junior Member
mislead

so does the lemon law apply to me i think i was mislead and because i needed a car bad i did what i knew best and she got me is there anything i can do
 

cutegrrl

Junior Member
mislead

so does the lemon law apply to me i think i was mislead and because i needed a car bad i did what i knew best and she got me is there anything i can do and no i didnt get a smog because when i took it to the shop for that i had him check it all and thats when he told me about the whole brake system being bad and not what she said which was only supposed to be just brake pads
 

moburkes

Senior Member
so does the lemon law apply to me i think i was mislead and because i needed a car bad i did what i knew best and she got me is there anything i can do and no i didnt get a smog because when i took it to the shop for that i had him check it all and thats when he told me about the whole brake system being bad and not what she said which was only supposed to be just brake pads
When you pay $700 for a car, there will be LOTS of things wrong with it. Seriously. You weren't mislead. You chose not to be an informed consumer. You could have gone to ANY mechanic, paid money, and they would have told you what was wrong with the vehicle.






Generally, the California Lemon Law applies to vehicles which the auto dealerships have been unable to repair within the warranty period after being given a reasonable number of opportunities. For qualifying vehicles, the automobile manufacturer must give the buyer his or her money back and pay off the outstanding loan balance or replace the vehicle with a comparable model.

The California Lemon Law also requires that the automobile manufacturer pay for the consumer's hourly attorneys fees on a meritorious claim. This makes the law economically feasible for those who would otherwise not be in a position to hire an attorney.
 

panzertanker

Senior Member
so does the lemon law apply to me i think i was mislead and because i needed a car bad i did what i knew best and she got me is there anything i can do
1. No, lemon law does not apply to your situation.
2. Google "caveat emptor". Barring other information not posted, the junk car is yours to fix or throw away.
3. Good luck. You must now either fix the car or buy another.
 

cutegrrl

Junior Member
smog response

:mad: i wrote back and said no i have not got it smoged because when i found out about the brake system being faulty i was overwhelmed and did not do anything else and also i dont think anyone who is going through an awful situation, in a desperate situation such as needing a car and asking as many questions as they can and trusting what the buyer tells you and simply not having a mechanic on hand to check it before the buy, is not a assonine question that is simply and insult to injury. she told me she did not want any males buying her car because they dont take care of them and since this car was her baby and she didnt really want to sell it she just could not afford to take it with out of state, i didnt realize until later the reason she didnt want a male to come check it out was because she knew no one would by the car with that much damage because it would cost so much to repair, on top of all this she has had her boyfriend call my house i guess as a scare tactact so i would not call her after i called to see if she would have a heart and give me my money back being that i only had the car 22 hours. she knew that i needed a car i see now that i made a mistake, but i took her word. the mechanic said if she has gotten the brakes done on the car before she knew that it was an issue with the brake system and i feel thats why she was selling the car, the cost to fix it is inbearable. i have never been through something like this i am so stressed out more now than when i didnt have a car and now i have a car that i cannot fix and im still going to have to call a cab to go back and forth to the docter this has been a nightmare. now i have to struggle to sell a car that someone might not want to spend the money to get fixed this is wrong and i wish it was something that i could do, she intially wanted a 1000 for the car and i told her i had a budget im on disability and this is what i have and she took the offer now what?
 
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moburkes

Senior Member
I'm sorry that this happened to you, but it appears that you expected your $700 car to act as if it was a $5000 car.
 

Zigner

Senior Member, Non-Attorney
:mad: i wrote back and said no i have not got it smoged because when i found out about the brake system being faulty i was overwhelmed and did not do anything else and also i dont think anyone who is going through an awful situation, in a desperate situation such as needing a car and asking as many questions as they can and trusting what the buyer tells you and simply not having a mechanic on hand to check it before the buy, is not a assonine question that is simply and insult to injury. she told me she did not want any males buying her car because they dont take care of them and since this car was her baby and she didnt really want to sell it she just could not afford to take it with out of state, i didnt realize until later the reason she didnt want a male to come check it out was because she knew no one would by the car with that much damage because it would cost so much to repair, on top of all this she has had her boyfriend call my house i guess as a scare tactact so i would not call her after i called to see if she would have a heart and give me my money back being that i only had the car 22 hours. she knew that i needed a car i see now that i made a mistake, but i took her word. the mechanic said if she has gotten the brakes done on the car before she knew that it was an issue with the brake system and i feel thats why she was selling the car, the cost to fix it is inbearable. i have never been through something like this i am so stressed out more now than when i didnt have a car and now i have a car that i cannot fix and im still going to have to call a cab to go back and forth to the docter this has been a nightmare. now i have to struggle to sell a car that someone might not want to spend the money to get fixed this is wrong and i wish it was something that i could do, she intially wanted a 1000 for the car and i told her i had a budget im on disability and this is what i have and she took the offer now what?
Now you can ask the seller for proof of the vehicle passing the smog inspection within the last 90 days (by law, she's required to provide that). It may be your only hope of convincing the seller to take the vehicle back. Or, you can continue cowering and enjoy your new lawn ornament...I mean car.
 

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