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beverlyann · Mar 28, 2007, 06:22 PM

Lies lies lies... bought a 2002 ranger and was told lies of why he was selling it. 4 days later its in for tranmission work. He won't return calls. I did not sign a bill of sale stating "AS IS", can I take him to small claims court?? :mad:

Was able to talk to previous owner and they told me the reason they sold it was because of transmission problems. $2500 for rebuilt tranny. This proves that the guy I bought it from was aware of the problem. What is my next step? Do I need a written statement from the original owner stating they sold because of tranny problems? Does it sound like I have a good case?

Thanks Bev

Fr_Chuck · Mar 28, 2007, 07:29 PM

You can always take them to small claims court ( even if you signed a AS IS) the difference is if you can win.

You will have to show he lied, (prove it to the court) have evidence that he should have been or was aware of the problem. Just because it went out is not proof enough, you will normally need to prove he had to be aware of it.
His defense will be of course you had a right to have it checked by a mechanic, you test drove and did not hear or think anything was wrong either. ( just guessing what he may say)

But yes this is a possible way to recover some loss.

Fr_Chuck · Mar 29, 2007, 08:58 AM

I was able to merge your two posts, ( I did lose the one post telling you that you should not have posted it on a new question, don't know where it went)

But you will need to have the previous owner actually testify in court, get a notorised statement from him, that why he can't decide to change his story. But you will need to file a law suit, get a estimate in writing for repair of this problem and have the letter form the previous owner, but also call that person as a witness to the case.

But your issues will still not be over ( maybe) read posts on here about judgements and you will see dead beat after dead beat trying to find legal ways not to pay people they owe. So even if you win in court, that does not mean they just pay you, if they still refuse to pay, you will have to try and garnish their pay checks, attach their bank accounts or more

beverlyann · Apr 28, 2007, 06:35 AM

Not too familiar with site, but I have good news. The guy I bought the truck from refunded me $3000.00 to fix transmission and balljoints. (The truck should not have passed safety.)Threw some legal terms at him and the guy that safetied the truck and had the money within 2 days. Truck is fixed and I'm happy. Thanks Chuck!