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Re: Do I have a case?
[Re: BobG]
#7439526
02/20/19 04:45 PM
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Joined: Mar 2007
Posts: 5,226
Rustler
THF Trophy Hunter
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Joined: Mar 2007
Posts: 5,226 |
A licensed dealer can't sell a vehicle that won't pass emissions inspection (if required in the county the car is sold in) without making it known to a prospective buyer.
Person to person / private sales are " as is " sales unless stated otherwise in writing. Buyer beware, buyer responsible for ensuring vehicle is up to their standards.
If you're talking about undisclosed purposefully hidden or disguised major safety items, ( steering, brakes, major suspension, wheel attachment etc...) something that makes the vehicle unsafe to operate on public roadways. You can have / might have recourse, if you can prove or have reasonable evidence the failure points were purposefully hidden or disguised by the seller.
Buy a used car from a private party, trans goes out or engine throws rods through the block on the way home = your problem. An add stating " runs & drives great " or something like " never a single problem, great condition " or " I'd trust this car for my daughter to drive anywhere any distance " is a non professional opinion of the vehicles condition while in their possession. It is not an implied warranty/guarantee.
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Re: Do I have a case?
[Re: BobG]
#7439537
02/20/19 05:03 PM
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Joined: Feb 2009
Posts: 21,923
Mike W
THF Celebrity
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Your best case scenario is to prove you were a victim of fraud. If you can prove the prior owner had knowledge of/covered up the defects you might have a decent case that will probably end up costing you more than $4200.00 to win.
I think it will end up being a lesson learned situation.
This cannot be fixed at the voting booth.. Wake Up You Morons!
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Re: Do I have a case?
[Re: Mike W]
#7439578
02/20/19 06:00 PM
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Joined: Jan 2009
Posts: 19,304
Judd
#1 Creedmoor Fan
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#1 Creedmoor Fan
Joined: Jan 2009
Posts: 19,304 |
30 seconds after exchanging money/car, it started misfiring, and the tranny started slipping. Why didn't you take the car directly back 30 seconds after you took it? Had you, I think you had an out but 3-4 days later I'd say it was a bad luck situation. Something tells me we don't have the entire story though.... Your best case scenario is to prove you were a victim of fraud. If you can prove the prior owner had knowledge of/covered up the defects you might have a decent case that will probably end up costing you more than $4200.00 to win.
I think it will end up being a lesson learned situation. ^^^^This
Last edited by Judd; 02/20/19 06:43 PM. Reason: messed up the quote
Don't let your ears hear what your eyes didn't see, and don't let your mouth say what your heart doesn't feel
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Re: Do I have a case?
[Re: BobG]
#7439614
02/20/19 06:34 PM
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Joined: Apr 2012
Posts: 1,689
SherpaPhil
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Posts: 1,689 |
You would have to prove that he knew about the problems, which would be extremely difficult to do in this case. You inspected the car, test drove it, etc., and didn't find the problems. He could very easily say he didn't know there was anything wrong with car and it would be your burden to prove otherwise. Once you do that, you would then need to prove that he deceived you about the condition of the car, which would also be difficult without anything in writing. I would not pursue this.
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Re: Do I have a case?
[Re: BobG]
#7439662
02/20/19 07:37 PM
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Joined: Oct 2014
Posts: 12,358
Duck_Hunter
THF Celebrity
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Joined: Oct 2014
Posts: 12,358 |
I had an aunt and uncle buy a car from another of my aunts and uncles (my dad’s two sisters and their husbands were making the transaction) to give to my cousin. As soon as they back out of the driveway, the transmission dropped out. All sales are final, and this is why I’m afraid of buying a vehicle from a private seller, plus I’m not mechanically inclined, so it’s not like I can pop the hood and know what might look wrong or sounds off.
Good luck, but I agree with those above that buyer beware.
I just turned it on . I was looking bird dogs in the butt this morning.
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Re: Do I have a case?
[Re: BobG]
#7439723
02/20/19 08:37 PM
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Joined: Jan 2011
Posts: 19,498
Erathkid
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Posts: 19,498 |
I'm going to play 'Devils advocate' on this one. All used cars are sold As-is, unless otherwise specified, however, if certain claims are mad, such as "runs and drives great", you may have a case. It would have to be in writing or on a text . Definitely worth taking to court. Good luck.
Life is too short, as is. Don't chance it. Don't text and drive.
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Re: Do I have a case?
[Re: BobG]
#7439765
02/20/19 09:04 PM
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Joined: Aug 2008
Posts: 14,956
don k
THF Celebrity
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Posts: 14,956 |
First off I think you are as you thought SOL. Second why in the world would you spend money to get it fixed then try to get money from the seller? It must have "run and drive great" otherwise why did you buy it? Example. A light works great. You turn it on then you turn it off. Works great. Then you try to turn it on and it burns out. The person you bought it from said it runs great. It did when you bought it. You broke it and now you want him to pay for fixing it. Good luck with that.
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Re: Do I have a case?
[Re: BobG]
#7439796
02/20/19 09:52 PM
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Joined: Dec 2012
Posts: 4,800
TexasKC
Extreme Tracker
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Posts: 4,800 |
It's JMO but if you take it to court I suspect his lawyer is going to say two words...."Caveat Emptor". Next thing you'll hear is "case dismissed".
In the end, it's not the years in your life that count, it's the life in your years.
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Re: Do I have a case?
[Re: TexasKC]
#7439799
02/20/19 09:56 PM
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Joined: Aug 2016
Posts: 8,325
Herbie Hancock
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It's JMO but if you take it to court I suspect his lawyer is going to say two words...."Caveat Emptor". Next thing you'll hear is "case dismissed". Yeah - Bill Lumburg
It takes beer to make thirst worthwhile - J. Fred Schmidt
The internet is an I.Q. Test, people post their scores in the comment section.
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Re: Do I have a case?
[Re: BobG]
#7439861
02/20/19 10:54 PM
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Joined: Sep 2004
Posts: 1,862
swampthang
Pro Tracker
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Posts: 1,862 |
So you spent $4200 and got it running okay now? Or is that just a quote on what it will take to fix it? Mind if I ask what the problems with the vehicle are?
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Re: Do I have a case?
[Re: BobG]
#7440778
02/21/19 10:10 PM
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Joined: Jul 2008
Posts: 6,441
Chopped54
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Posts: 6,441 |
Without reading all the responses, you have no case.
Wealth is of the heart and mind and not of the pocket
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Re: Do I have a case?
[Re: Chopped54]
#7440790
02/21/19 10:16 PM
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Joined: Dec 2008
Posts: 4,084
Bucks and Ducks
Extreme Tracker
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Posts: 4,084 |
Without reading all the responses, you have no case. I read them all and you're right.
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Re: Do I have a case?
[Re: Chopped54]
#7440817
02/21/19 10:39 PM
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Joined: Jan 2010
Posts: 22,997
fadetoblack64
giddyup
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giddyup
Joined: Jan 2010
Posts: 22,997 |
Without reading all the responses, you have no case. But you can go beat their arse with a bat
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Re: Do I have a case?
[Re: fadetoblack64]
#7440871
02/21/19 11:22 PM
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Joined: Aug 2008
Posts: 14,956
don k
THF Celebrity
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Posts: 14,956 |
Without reading all the responses, you have no case. But you can go beat their arse with a bat Bad advice. He screwed up. Take like a man. Learned your lesson. You will remember the lesson for many years.
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Re: Do I have a case?
[Re: don k]
#7440880
02/21/19 11:30 PM
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Joined: Jan 2010
Posts: 22,997
fadetoblack64
giddyup
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giddyup
Joined: Jan 2010
Posts: 22,997 |
Without reading all the responses, you have no case. But you can go beat their arse with a bat Bad advice. He screwed up. Take like a man. Learned your lesson. You will remember the lesson for many years. You cheat me intentionally and I will keep coming after you and teach YOU the lesson.
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Re: Do I have a case?
[Re: BobG]
#7441415
02/22/19 03:43 PM
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Joined: Nov 2007
Posts: 6,530
PappawRock
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Re: Do I have a case?
[Re: fadetoblack64]
#7441418
02/22/19 03:54 PM
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Joined: Dec 2014
Posts: 5,067
titan2232
THF Trophy Hunter
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Joined: Dec 2014
Posts: 5,067 |
Without reading all the responses, you have no case. But you can go beat their arse with a bat I agree. Good chance the seller knew what headache they were unassing
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