[mat305]

I found a vehicle on craigslist, went out checked out the vehicle in person. Visually the vehicle was in good condition, the interior and exterior of the vehicle was clean. No rust, etc. I test drove the vehicle and it seemed fine. In the online ad this is what is stated by the seller:

"THIS IS A 1991 JEEP WRANGLER IN VERY GOOD CONDITIONS. IT HAS A 4.0 LITER ENGINE STRAIGHT SIX CYLINDERS AND A 5SPD MANUAL TRANSMISSION. THE SEATS HAVE BEEN RE-UPHOLSTERED SO THEY LOOK BRAND BRAND NEW. EVERYTHING LOOKS CLEAN WITH MINOR DETAILS HERE AND THERE. EVERYTHING IS IN GOOD WORKING CONDITION INCLUDING THE CD PLAYER. THE TIRES STILL HAVE ABOUT 85% OF THE THREAD SO YOU DON'T NEED TO WORRY ABOUT REPLACING THEM ANYTIME SOON!! IT ONLY HAS 119K MILES ON IT AND IT'S RUNNING VERY STRONG. THE ONLY DETAIL IS THAT THIS JEEP ONLY COMES WITH A BIKINI TOP NOT A HARD OR SOFT TOP. "

I asked the seller if there are any mechanical issues with the vehicle, any leaks, anything need to be replaced etc. He said everything was in order, and that nothing needed to be replaced or serviced. He also claimed it was my job to get the vehicle smogged ( which I know now is his responsibility)

After getting the vehicle home and letting it sit for the weekend (I was on vacation), I noticed a puddle of oil or transmission like fluid under the vehicle. I took it out of the garage and drove it. Now when shifting to 4th gear there is an obvious grind. The oil temperature gauge is off the chart, and the engine is over heating.

It seems that some temporary (Just to make it seem good) fixes were done to the vehicle. The temperature gauge was unplugged so I wouldn't notice that it was overheating, and the oil gauge was grounded incorrectly also causing false readings.

The vehicle is suspected to have a rolled back odometer, when I took it to the mechanic he said it seems there is less miles on the odometer then what the signs are showing him.

I did not sign a AS-IS statement, or agree that the vehicle is as is. Do I have reasonable grounds to take the defendant to small claims court? The vehicle purchase price was $4000. I am in California.


What should be my next step in the process? I have already requested that the seller give me a refund, however he has not responded to numerous phone calls and emails.


The or

[ScottGem]

You did not have to sign an AS-IS bill of sale for it to be AS-IS. Private sales are almost always considered to be AS-IS.

On the other hand, you have evidence of fraud. The gauges being disconnected or interfered with, assuming you can prove it, is evidence of deliberate fraud. So on those grounds you should be able to win a suit.

[N0help4u]

Depending on exactly what jeep you bought the cheapest style in poor condition runs around $2,640. To $3,900. So even if you could get some money back a Judge would very likely say you paid value price and should expect some repairs need to be made.

You can do the math here with your specific jeep to see how much you feel you may have been over charged. Used Car Prices, Blue Book Values, Photos, Reviews and Ratings - Official Kelley Blue Book Site

You can try to prove fraud but he can always claim it messed up after you got it.

[progunr]

Virtually every sale by a private owner of a motor vehicle is considered "as is" unless there is a specific guarantee or warranty issued by the seller.

If the person who checked the vehicle "AFTER" you purchased it is willing to testify in court, or provide a notarized statement regarding the items that were disconnected or tampered with, you could have a chance to prevail.

[froggy7]

And you trusted the word of the person selling the car over taking it to a mechanic to be checked out before you bought it for what reason? If you can prove that the odometer was rolled back, it's possible that you might be able to get some money in small claims court. But that may be trickier than you think. Your mechanic says that the signs are showing him that the car has had more milage than what was reported may just be seeing signs that the car was driven hard (say, the seller used this strictly as an off-road mudding vehicle), and not that it's actually been driven more miles. Still, the time to find this out is before you buy the vehicle.