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Purchased car out of state but Not As Listed

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Topsupra

Junior Member
What is the name of your state (only U.S. law)? Florida

I purchased a used car from a private party in Morton, IL. It is a 2006 Honda Civic Si Coupe, the seller advertised the car as having a bad motor, I agreed upon a price with the seller and sent him payment, I arranged to have the car picked up and delivered to FL. Once I get the car I come to find out that not only is the motor bad, but also the transmission is also damaged, which the seller did not disclose. I contacted the seller and he texts me back stating the transmission was fine when he shiped it to me, I then explained to him thats impossable since I can not drive it due to the bad motor. Also the seller stated in his ad that the body was in perfect condition, once the car arrived in FL there was a big dent in the roof of the car. Lastly the seller in his ad mentions the car comes with a factory Honda Body Kit also he has pictures of the car with the Honda Body Kit and also sends me addtional pictures of the car with the Honda Body kit, once I get the car here in FL, the car did not have the body kit on it, it appears he removed it and then shipped me the car. The factory Honda body kit costs about $1,500 + paint and install. Do I goto small claims, or do I hire an Attorney. What can I do, please help.....Thanks

P.S I have copies of all the texts between my self and seller as well as the orginal add seller posted
 


Zigner

Senior Member, Non-Attorney
You'd have to take him to court in his state. How much is a non-functional car worth?
 

JETX

Senior Member
You will have to sue him in his home county/state (or be prepared to sue in your state then domesticate to his).
It really doesn't matter how much the car is worth, the REAL question is what are the damages you are claiming?? If it is less then $10,000... you can pursue in small claims.
 

Zigner

Senior Member, Non-Attorney
You will have to sue him in his home county/state (or be prepared to sue in your state then domesticate to his).
It really doesn't matter how much the car is worth, the REAL question is what are the damages you are claiming?? If it is less then $10,000... you can pursue in small claims.
Sure it matters, Jet. If the car is WORTH $500, then that's all our OP can sue for ;)

ETA: Well, he can SUE for more, but that's all he'd recover.
 

JETX

Senior Member
Sure it matters, Jet. If the car is WORTH $500, then that's all our OP can sue for ;)

ETA: Well, he can SUE for more, but that's all he'd recover.
And of course, that is NOT true.... and not really what I said.

You asked "How much is a non-functional car worth?" which isn't really relevant.
The only relevant issue is the value of the vehicle considering its KNOWN condition at the time of the purchase. And that value is the price that was paid.... which would establish the 'fair market value'.

If I were the aggrieved party (buyer), I would sue for the GREATER of:
1) The costs he would incur to bring the vehicle back to the condition it would have been in if the seller had been accurate in his description, or
2) Fair Market Value (the price paid).

Then let the court figure out what the amount of damages is (presumably, the LESSER of the two above). :D
 

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