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Home > Law > Other Law   »   could i get a refund from private party for bad vehicle

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Old May 31, 2008, 12:14 AM
vicrsanchez
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could i get a refund from private party for bad vehicle

i purchased a used vehicle from a private party. less than a week and 150 miles, it started to have over heating issues, actually the heads leak coolant from the right side next to the distributor. i have a strong felling that the seller knew of the heating issue and mask the problem in order to sell the vehicle. is there a purchased state law that protects consumers from this? could i return the vehicle, and get the purchase amount returned to me?

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Old May 31, 2008, 04:41 AM   #2  
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Basically when you buy a used vehicle whether it is from a dealer or private person it is usually an "as is" sale. You can ask the seller to help with the repairs of the vehicle but don't expect any cash if they don't want to. Some people are unscrupulous when it comes to selling used vehicles knowing the mechanical problems exist. You should have had your trusted mechanic check out the car prior to purchasing it. It would have been money well spent prior to getting stuck like you are now. I'm sorry for your predicament but buying used vehicles is always a risky proposition even if bought from a dealer.
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Old May 31, 2008, 05:30 AM   #3  
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Welcome to AMHD, Vic. As twinkie notes, if you purchase a vehicle "As Is", you get the problems with no warranty or limited warranty. You said you purchased from a private party; was there a written agreement? Does is mention warranty? If not, go see the seller and see if there is a prospect for settlement; if you get the cold shoulder, go to small claims court and speak with the judge or clerk about your situation.
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Old May 31, 2008, 05:39 AM   #4  
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Yes, normally all sales agreement says "as is" what does the sales contract you signed say. did you even do a bill of sale ??

If you asked about a problem and they lied, and you can prove they knew about it, ( not just think they should have known) but proof you can show to a judge, and proof you can produce that shows they did something to hide this problem, then yes you may have a case for fraud,
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Old May 31, 2008, 07:04 AM   #5  
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Quote:
Originally Posted by Fr_Chuck
Yes, normally all sales agreement says "as is" what does the sales contract you signed say. did you even do a bill of sale ??

If you asked about a problem and they lied, and you can prove they knew about it, ( not just think they should have known) but proof you can show to a judge, and proof you can produce that shows they did something to hide this problem, then yes you may have a case for fraud,
Curious here... is the seller required to volunteer information? Say the seller knew about this problem, but the buyer didn't ask, didn't take the car to a mechanic, and the seller didn't say anything like "runs great". Fraud or not?
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Old May 31, 2008, 07:08 AM   #6  
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The seller has no obligation to inform the buyer of anything wrong with the vehicle.

It is up to the "buyer to beware", and have the vehicle inspected prior to making the purchase. This really is the only way to insure you are getting a quality vehicle.

Even if he "doctored" the vehicle to get it sold, he is not required to tell you that, unless you ask directly, and even then, you would still have to prove he lied or deceived you intentionally.
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Old May 31, 2008, 08:15 AM   #7  
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Quote:
Originally Posted by froggy7
Curious here... is the seller required to volunteer information? Say the seller knew about this problem, but the buyer didn't ask, didn't take the car to a mechanic, and the seller didn't say anything like "runs great". Fraud or not?
Most likely, yes. We don't know what verbal affirmations were made or not made. The seller's failure to disclose a known defect may lead to liability.
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