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    ratism's Avatar
    ratism Posts: 3, Reputation: 1
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    #1

    Feb 14, 2013, 10:24 AM
    Can I sue for anything?
    I purchase a mini van from a lady. She basically sold me a lemon. She gave me two different bills of sale. One of the bill of sale was for $300 and the other one was for $1500. When I registered the minivan I used the one for $1500. Can I sue her for anything?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #2

    Feb 14, 2013, 10:26 AM
    You'll probably need to explain this a little better. What is wrong with it? Was it sold "as-is"? What state are you in? What is this thing with 2 versions of a BOS? Did you ask for 2 of them? Have you contacted her after you noticed these problems?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 14, 2013, 10:41 AM
    I do not know of any location that has used cars from an individucal under any lemon law.
    So on the bill of sale, is there any warranty listed ?

    You accepted two bill of sales, so you are a party to that, you were not required to accept anything.

    Most used cars are sold as is.

    With the little ( and it is very little ( information given, no there is nothing to sue for.

    Perhaps a complete story may help
    ratism's Avatar
    ratism Posts: 3, Reputation: 1
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    #4

    Feb 14, 2013, 12:01 PM
    I saw a minivan for $1500. I was told that the minivan needed a starter, but found out later it was the whole engine. When I purchased the vehicle. I first gave the woman a down payment of $500 and the B.O.S stated"sold as is" Then I gave her $800 more and she wrote another B.O.S. for $1300, but this B.O.S. did not have sold as is on it. I gave her the final $200, and she gave me a final B.O.S. for $1500.
    She then told me that she would write me another B.O.S for $300 so that I can take it to tag office, so that I would not pay a lot of tax. She knew she sold me a lemon. Can I sue for misrepresentation? Since I paid $1500 for the minivan, can I present the B.O.S. for $300 to the judge and claim that I want the rest of my money? I am desperate to get my money back, cause I feel as though that she scammed me. I live in Marietta, GA
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #5

    Feb 14, 2013, 01:19 PM
    You're pretty much SOL...

    Private sales are rarely considered to be under any sort of warranty or guarantee. It would be argued that you bought the van without checking it. She said the starter is bad but you just took her word for it without checking further... that is what you would probably face as an argument. It is up to the buyer to be sure of what they are buying and to check it and decide if it is what they want.

    As for the BOS, I am guessing if you tried to use that against her, it could be argued that you accepted it in the first place.

    I guess that legally you could take this to small claims but we would need someone more knowledgeable about that part of it to come here and answer. As I see it, you would probably lose based on what you have said.
    ratism's Avatar
    ratism Posts: 3, Reputation: 1
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    #6

    Feb 14, 2013, 02:14 PM
    Thank You for your input. It was very helpful
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Feb 16, 2013, 11:01 AM
    Quote Originally Posted by ratism View Post
    I saw a minivan for $1500. I was told that the minivan needed a starter, but found out later it was the whole engine. When I purchased the vehicle. I first gave the woman a down payment of $500 and the B.O.S stated"sold as is" Then I gave her $800 more and she wrote another B.O.S. for $1300, but this B.O.S. did not have sold as is on it. I gave her the final $200, and she gave me a final B.O.S. for $1500.
    She then told me that she would write me another B.O.S for $300 so that I can take it to tag office, so that I would not pay a lot of tax. She knew she sold me a lemon. Can I sue for misrepresentation? Since I paid $1500 for the minivan, can I present the B.O.S. for $300 to the judge and claim that I want the rest of my money? I am desperate to get my money back, cause I feel as though that she scammed me. I live in Marietta, GA
    It looks to me that you bought the vehicle "as is" for $500, but paid the additional amounts ($1,300 + $200 = $1,500) for a warranty (e.g. an agreement that she would fix it if needed). So yes, I would say that, if the judge agrees with my analysis you should be able to get judgment for that amount. Why you actually paid her the additional money I haven't a clue.

    And then there is the tax fraud issue: I suspect the court may use that against you too. Perhaps condition a judgment upon proof that you have paid the additional tax.

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