lawas against selling a used car and lying about the condition?
So my husband and I just bought a used 2002 ford escape from an owner and after buying the car and signing the paperwork on the way home the car would not even go up hills at all. So we called the guy and said he sold us a car that didn’t work when he told us that everything was all good on it and it was a really nice car. I did sign the sold “as is” but he lied to us about not knowing anything about the car doing that. We took it in the shop and found out that the catalytic coverters were clogged and for sure 2 need to be replaced, but we wont know about the 3rd one until those two are replaced. He did give us some money back for the car being messed up, but I don’t even want the car anymore after all the crap he has put us through. Also we just found out today that there is a different motor in the car that is for a ford escape but not the same year, so he lied to us about those two things! I wanna know if there is any law for lying to someone like that and selling them the car in good condition when it really wasn’t. He has all of our loan money which was our first loan ever. I am so mad at this guy because first he said to take the car back to him and he would give all our money back and then he decided to only give back enough for the repairs of a blown transmission since that was what we thought in the first place. Also I really do think he knew about it beacause when we called him he told us to just let the car “cool down” which means he knows what to do! Anyways I am sooooo mad at this guy and I knew we should have taken it to the shop in the first place but I just don’t understand that people can be so cold hearted and screw people over like this. does anyone know if there is anything we can do about all of this? I did find a UDAP Law that is unfair and deceptive acts and practices and sometimes can be against an “as is” sale. does this count with an owner sale?
lemon laws homie.
google for your state.
Spend thirty minutes with an attorney, the initial visit is free. Be sure to document everything you stated here and anything that you may have left out because you’re pissedd. I would also bring the “thief’s” phone number just in case the attorney might be willing to make a call and let the scumbag know what’s coming if you don’t get all your money back. It may be a bluff, but I’ve found that most people won’t call a bluff and you may get your money back.
I’m sorry you guys got screwed on the deal, but that’s how used car dealers operate. It’s very rare to find an honest one so remember that.
Also, if your attorney visit does result in him making a complementary call, he can add that he’s going to report that company to “whatever authority regulates used car sellers and he will be out of business”. It might make a difference in the response.
Go to several lawyers until you find one that’s willing to spend a few minutes on the phone. And if you can afford it, slip him some money when you say thanks. He may keep it or not. I would insist that you keep it because you saved us so much trouble. Good luck on this project.
the burden is on you to do due diligence, did you take it to a mechanic to check it out before you bought it? as is means as is, you would have to prove he knowingly sold the car with those defects
Generally, it’s the buyer’s responsibility to get a used car checked out before buying it, not after. That’s the meaning of “as is” and even without a contract stating “as is” all used car sales are presumed to be that way. That being said, if the seller did actually lie about a material fact, then it can constitute fraud. However, bear in mind that it must be an ACTUAL and explicit lie, not mere omission. Just because he didn’t tell you about a defect doesn’t mean he defrauded you, it just means you didn’t investigate fully. Additionally, “puffing”–describing the car in general terms of a positive nature like “it’s a great car” and “it’s reliable”–doesn’t count as fraud either. It must be an overt, specific statement that is false, AND which you rely on the answer.
Unless he straight up, directly lied to you about something specific on the car, AND you can prove he made the lie, you’re basically out of luck. Next time, check the car out more thoroughly before buying from a private person.
WOW lesson learned here I hope.!! Ya know it will take some time and money but before you buy/get into a deal to buy an used car from anybody even your most trusted friend/relative you need to take the car to a trusted mechanic and have it looked at. No matter what it cost no matter how many used cars you buy, you will protecting yourself in the long run. Having not done that and you say he you did give you back some money, that might be the best your going to get. That being said have you checked out the “used lemon laws” for cars in your area, and in fact there are many things you can check on for some type of recuperation’s. Did the owner give you any guarantee? Exactly how soon after taking possession of the car did you contact the owner, that time limit could be the difference of a judge taking the deal and reversing it, but by the fact you accepted the some money back from the deal, unfortunately it may be over. After rereading you input on Yahoo! contact an attorney, there are several items here that need to be addressed. Good luck