Can I sue for misrepresentation of a used car from a private seller?

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I bought a car that said in it's description, "runs great, no problems" and was told it had everything taken care of by a mechanic recently. Second time I start the car, it wouldn't reverse. Mechanic says I need a new transmission ($3500 repair for a $1200 car), and that it looked like it hadn't been taken well care of (very little oil and transmission fluid left). I called the seller and his defense is that it "always ran great for him, didn't know it had problems". Which I kind of believe because now I think he's clueless about upkeep. Can I sue for misrepresentation? It's a private seller and he may not have had to brains to figure out his car had a problem...although it's curious it quit working two days after I bought it. Also, he didn't smog the car in the past 90 days. I haven't registered the car at the DMV because he just received the title. And he hasn't filled out the transfer of liability paperwork. He acquired the car in May 2009, and the carfax report was all good and showed that the previous owner had taken it in regularly for service check-ups. He sold the car beginning of September.

Attorney Answer

1
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
No you probably can't sue for fraud, because as you point out, what the seller said could have been true about him having had no problems with the car. Fraud requires a false statement of material fact that you relied on to your detriment and caused you damages, and I don't think you'd have an easy time proving the fraud, especially if this buyer is clueless about maintenance and even if took lousy care of the car, it worked fine for him. Usually used cars are sold "as is," and the buyer has to beware. You should've taken the car to a mechanic BEFORE buying it, and asked the seller for all the maintenance records so you could see what was repaired recently and not so recently, and ordered a CarFax report. You didn't do that. You don't mention how old this care is and what you paid for it, but unless the car was not very old and you paid way more than its Blue Book value, and I think a judge would find it within normal expectations for a used car that it needs expensive repairs right away. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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