My friend bought a car. The man who sold her the car sent her text messages saying that he drove it and there was nothing wrong with it. The first time she drove it, it overheated. She found a thermostat in the back seat, which shows that the seller knew of the problem. She had it looked at and was told that it needs a new motor on top of the overheating problem. She has a bill of sale, which says sold as is. She doesn't have the title because the seller keeps telling her he can't find it. Does she have a leg to stand on in court? She's a single mom and needs a reliable car to get back and forth to work and this one is undriveable. She just wants her money back so she can try to find something that will run.
The seller has also sent her rude text messages. I feel these messages border on harassment. For example, he told her, "I'll get the title because I'm sick of your lip."
Also, is there a way for her to find out if he got a title loan with this car? She wonders if that's why he can't get her the title. And isn't it illegal for him to sell said car without the title?

At this point she might want to consider calling the police to see if this car was stolen. You can't sell what you don't have title to. I am afraid your frind is in for troubles since she is not an experienced car buyer. AS IS has legal ramification but lack of a title and proving he lied will work in her favor.Tell her to save all e-mails and text messages. She should send him a text why there is no title and why obvious cooling system work had been done unsuccessfully. Who knows, she might get a text back that would be very helpful to the police or the court if she sues him.

I don't think the thermostat issue is relevant. A car sold "as is" means it's sold "as is." She had the opportunity to inspect the car and take it for a test drive before paying for it, and she apparently didn't bother.

The major issue here is that since the seller didn't hand over the title she is not the true owner of the car - the seller still is. She should sue him for her money back, since he has not delivered what was promised (ownership of the car). Forget trying to get him to repair it - she should just get her money back and buy another car. Next time around be sure to inspect the car before buying it, don't hand over any money unless the seller has the title, and make sure the Bill of Sale certifies the seller owns the car free and clear with no liens or encumbrances.

The car over heating or having a bad engine will not help her at all. She had a duty to have the car checked by a mechanic prior to buying it and seeing if there were any issues then.
Once she buys it and buys it "as is" there is little she can do. If she had wrote on receipt and had him sign it, that the car was in good shape or something, but not as is.

She has learned a lesson there, never buy a car without a complete exam by a certified mechanic.

The title is the issue here, she can sue for return of her money, since he has not provided a clear title. And another lesson learned, that you never hand the money over to a person, unless they have the title there to hand you.

It is very possible that the car could be stolen, Atlanta just had a person selling stolen cars on Craigslist, they estimate he sold 30 or 40 cars before he was found out.
He would say he would send the title in a few days, if they objected, he asked for a small deposit instead ( still got money)

I agree, the title issue is the bigger and best option to follow. However , I have a different read on the thermostat. The seller apparently lied when he said there were no problems. Knowingly hiding a problem can void the AS IS tenant if you went to court. Granted, she should have driven the car and had it inspected but she apparently is not an experinced buyer.Hard lesson to learn.

What would I do? I would take the paperwork (including the text messages) to the Police Department. Let them determine if this is a criminal matter. In some States you can apply for duplicate Title. When you make the attempt you will be able to see who currently holds the title.

Or the fast way would be Small Claims Court for the total purchase price. Have the sale declared void because title was not furnished.

I have seen substantial concealed facts cause a purchaser to win a Small Claims case. In those two cases it boiled down to what an experienced buyer should have done. The buyers were NOT experienced and, thus, the sellers took advantage. Probably few and far between, but I've seen it.

In this case I wouldn't bother and I'd be at Small Claims Court as quickly as possible.

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Originally Posted by ballengerb1

I agree, the title issue is the bigger and best option to follow. However , I have a different read on the thermostat. The seller apparently lied when he said there were no problems. ...

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If it's a used thermostat she found in the back seat, it appears that he may have replaced the thermostat and therefore believed he had fixed the overheating problem. But I agree, the title issue is the reason she should seek recission of the sale.

More likely he removed the stat to cool the engine, old trick. We can stay with the title issue