*Note, I have calls out to attorneys, but just looking for unbiased opinions

To make a long story short, I bought a vehicle from an individual over the weekend that was presented as being in good running condition, with no mechanical issues. 30 seconds after exchanging money/car, it started misfiring, and the tranny started slipping.

The other party refuses to take my calls or answer texts.

I have a screenshot of their sale ad stating that the vehicle "runs and drives great". This was reassured by the seller multiple times during my test drive, and in conversation stated that there were no mechanical issues, and it's always had regular maintenance.

All that said, I've got a $4200 repair bill for the motor and transmission, which I'd like to recoup at least a portion of, if possible. As it looks like we won't be able to work this out like adults, I was thinking of taking them to small claims court.

I'm not trying to get a payday here, just want the other party to do the right thing, as they essentially made fraudulent claims to get a problem off of their hands.



And yea...I know... never pay cash for a car, and always take it to a mechanic before buying. Mistakes were made, we're moving past that.

Any suggestions, or experience here? Am I, for lack of a better expression, SOL?

Yes you have a weak case with little recourse.Texas doesn�t have small claims court. Texas has what is called Justice Court. You an find a nice guide with a little google searching.

I�d vote your SOL

Sounds like a bad deal, it happens

Prayers up!

Maybe, that's what they call it now...�
But, I've used SCC many times.... (with good success)�

OP I'm sorry, but I think your SOL......

In Texas. It�s against the law to sell a vehicle that will not pass a state inspection... I�m not an attorney so I do not know how the law reads..... but, I�ve seen people taken to court over it and lose.

SOL and your money, Sorry.

There is no lemon law or warranty on a used car unless it was put in writing, Sorry Man

Unless a warranty is expressly written, used cars are "as is, where is". Any time you buy used you are taking a chance, regardless of what you are purchasing.

it is justice of the peace court in Tx. and no lawyers are allowed, cap is 10k.

if he put in writing that the vehicle was in good condition and did not need repairs you may be able to recoup some or all of the repair costs. were it me I would force him to take the vehicle back and look for another.

cost to file for me was 110.00 in fannin county, not sure if that is the standard or they vary. get all your ducks in a row and be dam sure you have evidence that he made false claims or you will lose. take 3 copies of any papers, yours, his and the jps. you can set the timeline for payment at the proceeding, there will be a letter sent after stating the amount owed and when it has to be paid. if he refuses to pay you can send the sheriff to his home to collect property in the amount owed, it will be sold and you get the proceeds.

imo, don't do a thing to the vehicle until after jp court if you go that route, repairs after the fact may not be collectible.

I highly doubt it

Sorry to hear that but it sounds like you are SOL.

JP is about your only option and some are definitely better than others. A lot are content with their jobs and salary and aren't even going to serve papers. Good luck.

This^ Did it start acting up before yal split ways, you and the seller?

I'd drive it back , call johnny law to meet you and have a talk. Might be a while as he would be a hiding. At least there would be a report. Everyday is wasted since you bought it. Probably in the end have to eat the repairs. Musta been a hell of a good looking car.

I remember this from Business Law in college 1975. They called it "Buyer Beware"

sorry but I agree with the rest, the $$ changed hands

main thing that keeps me from buying used

Might as well try small claims court. Won�t cost much, but even if you win there�s only a small chance of a great result. When living in Houston, we got cheated out of $1500 by a painter. He lived in Montgomery County. We lived in Harris County. Took him to SCC in Montgomery Co. There was quite a line of folks ahead of us, but no defendants at all, and our cheating painter didn�t show. So when it came to our turn, we presented our case and were declared the winner. And that�s where it ended. We never got a penny back. We went straight from court to the Sheriff�s Dept and they were ready to help us collect till they found we were from Harris County. We were going to have to pursue collection through Harris County, so we went there to our local Sheriff�s Dept, only to find that they couldn�t care less since the �crime� had been in Montgomery County. All I can say is that it was a learning experience. And what I think I learned is that if you are ever a defendent in SCC, don�t show up.

But...in your case there is the chance you could return the car and get a refund. And if my experience is any indicator, you and the seller need to live in the same County if you ever expect to get any satisfaction. Good luck.

Yes...take him to court. Win a judgement and then you�ll have extra paper if you ever run out of toilet tissue.

If you had a case, won, and got ur money back, lines at future Justice courts would be from here to Tokyo

Judge Judy

Can you cite that law? How would you ever sell junkers, classics, projects, etc. If that is a law, theres got to be exceptions.