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