laws against lying when selling a used car from an owner?
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?
he told us that everything was all good on it and it was a really nice car. I did sign the sold “as is”
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Ooopsie!
In court, that “he told us” = hearsay = not admissible as testimony.
So, now you are stuck with trying to prove that a guy who probably isn’t an auto tech for a living knew anything about that car.
You can’t.
Enjoy owning that Escape…and next time you buy a vehicle, take it to a mechanic BEFORE you buy it.
Lesson learned. I’m not even reading the rest of that run-on sentence, but you have no case.
No, you’re stuck. No law forces him to give back your money nor take the car back. Once you signed the title and drove off, the car and its issues became yours.
You CAN take him to small claims court, but you have a 99.99% chance of losing. All private-party vehicle sales are “as-is” regardless, unless noted in writing. And you signed an “as-is” bill of sale, which makes your case ironclad in his favor. Even if he did lie (probably so), you have to prove this, which is very difficult to do in court. You’ll come in and say “he said this and this” (anything stated verbally about a car’s worthiness is called “puffery” and holds no water in court), he’ll say “on so-and-so date I sold her a car as-is, here’s the bill of sale and her signature”.
He lied to you… your way of preventing that in the future is to have a licensed mechanic check over the car thoroughly (he/she would’ve caught the issues you mention) before purchase. The seller would’ve squirmed at this request, and you would’ve known beforehand.
Not meaning to sound harsh, but this is why most of us TC’s on here preach about a mechanic checking the vehicle on each of these questions. It might cost folks $50-100, but it’s peace of mind.
Could have told you it was a Lamborghini in perfect condition and as soon as you payed the money and he signed the title over to you its yours, after you got it home and figured out it was a clapped out Ford is your problem. Buyer Beware!! as in its your responsibility to check it out before you buy it.
You purchased the vehicle as-is which means you accepted it with all its faults. You really should have test driven it first. The guy gave you enough money to repair the trans, but he didn’t have to do anything at all. The money he gave you should be more than enough to replace the converters.
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