I bought a car a couple days ago from a woman in Santa Barbara. She was advertising that it had low miles, brand new interior, etc. After picking up the car, on the way home we noticed that something was wrong with the transmission (we had not taken it on the freeway on our test drive, and the shaking could only be felt at high speeds). We then took it to our mechanic and after inspecting the car, we were told that the transmission was bad and had been bad for a while. The problem, according to our mechanic, does not happen over night, it takes a while. Then, on top of that, we find out the odometer doesn't work; and so the low mile vehicle we thought we were buying could have thousands of more miles on it. I never signed any kind of paper stating that we were buying the car "as is", although that was basically understood. Is there anything we can do?? I emailed the woman I purchased the car for asking her to pay for the repairs or we would sell the car back to her for what we bought it, and she said her attorney advised her that she was in the right and she refused to help at all. I understand that the transmission alone would be hard to take her to court for, but the odometer didn't even work! She flat out lied about the miles on it!

Help! What do I do?

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Originally Posted by mindyn

I bought a car a couple days ago from a woman in Santa Barbara. She was advertising that it had low miles, brand new interior, etc. After picking up the car, on the way home we noticed that something was wrong with the transmission (we had not taken it on the freeway on our test drive, and the shaking could only be felt at high speeds). We then took it to our mechanic and after inspecting the car, we were told that the transmission was bad and had been bad for a while. The problem, according to our mechanic, does not happen over night, it takes a while. Then, on top of that, we find out the odometer doesn't work; and so the low mile vehicle we thought we were buying could have thousands of more miles on it. I never signed any kind of paper stating that we were buying the car "as is", although that was basically understood. Is there anything we can do??? I emailed the woman I purchased the car for asking her to pay for the repairs or we would sell the car back to her for what we bought it, and she said her attorney advised her that she was in the right and she refused to help at all. I understand that the transmission alone would be hard to take her to court for, but the odometer didnt even work! She flat out lied about the miles on it!

Help! What do I do?

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If I'm not mistaken, in court you have to prove that she was aware of the transmission and odometer problem before she sold it to you. I don't think you can win this one.

With private party car purchases I think the court would heavily rely on the "buyer beware" or "buyer due diligence".

Just my two cents worth (I am not a lawyer).

Peace.

Bummer. Thanks anyway!