Private used car seller lied about condition, viability and repairs. Now the car is DOA and I've learned repairs were NOT made.

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Seller explicitly said certain parts replaced with new, and repairs made accordingly.
Turns out he lied: neither parts nor repairs were rendered as claimed.
I learned Original Owner sold car to my Seller (I contacted the 1st Owner's service shop) due to a likely fatal flaw (blown head gasket), which was disclosed to my Seller accordingly, yet he did not disclose these facts to me. He just claimed to have made characteristic repairs.
I've confirmed that parts Seller claimed to have used in repair process were not present as should be. I've documented this fact accordingly.
Would I have a reasonable claim in small claims court? I am disabled and this WAS my only manner of transportation, and now I am stranded. I live on fixed income, purchased car using proceeds from a total loss stlmnt.

1 Attorney Answer

It depends...(and yes, I went to 3 years of Law School to find that is the answer to 90% of legal questions).
Several factors are not revealed in your question: 1. How much did you pay for the car? 2. You mentioned the seller was "private", does that mean he's not a dealer? 3. Did you sign any contract that states that the repairs were "part of the deal"? 4. Or, was everything verbal?
I consult several car dealers, and I represent consumers who have fell prey to bad dealers, and bad "private sellers"....the laws in most jurisdictions are usually enforceable against licensed dealers...."curbstoners" which is a name for unlicensed car sellers, skirt the laws set up to protect consumers, so when you deal with someone like that you get what you pay for.
Most states require dealers to be bonded, they're required to have continuing education, and they're under constant scrutiny from DMV, Attorney Generals, and Consumer Advocacy groups....the car may cost more, but all of that oversight is in place to assure that the consumer doesn't get the "drive shaft" or if there is a dispute, there are penalties, fines and repercussions.....as for the private seller, well if the price you paid is under the statutory limits for the small claims system in your state you may likely have a claim for misrepresentation, and conversion...maybe. If everything was verbal, or If there's any language in print that says "As-Is" you are likely stuck with a scrap heap. Good Luck.

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