I bought a '97 Contour from a private seller about a week ago. I have a copy of the Craigslist ad, text messages and witnesses to the transaction, in all which he told me that the car has no mechanical issues, and is completely dependable.
I emphasized with him that as long as the car was mechanically sound I wasn't too concerned about any of its cosmetic issues, and he assured me that it was.
Fast forward two days... car doesn't start at all, I get it towed, mechanic tells me it has deep and serious engine troubles, is not worth repairing and that it should not have been running at all. It ran alright for the first two days, but it now seems likely that he lubricated the engine enough for it to not die immediately after the sale.
Do the state's UDAP laws apply? What can I do?
State Udap laws generally apply only when the seller is a business and not a private person, but you may not be stuck. Online car sales through ad listings and auctions can be a very risky way to buy a used car. You are giving your money away on trust alone. And if the seller is a private person (not a car dealer), things can be even tougher on the buyer. Even seller reviews posted on the auction site can not be believed because the seller can hire people to post those reviews and pretend to be satisfied buyers and you won’t know the difference. As a general rule, you should never pay for a car that you have not personally inspected and seen and checked out and gotten the title for it too. Once it’s done tough, and you find out the car isn’t what you thought it would be or it has problems of some kind, what are your rights? That usually depends on 2 things: the sales ad and if you were misled or lied to. In a private person sale, the seller’s only obligation in most states is to answer your questions truthfully and not hide something they know you would want to know about in making your decision. If the seller knows something and realizes that the buyer would want to know about it, but doesn't disclose it, the seller may be committing fraud by concealment. An outright lie can also be fraud. Every state has its own definition of fraud, but generally it's a lie or something kept hidden that costs you money. If you were lied to, and you can prove it, and if you act quickly after you learn of the fraud, then you may have the right to either cancel the deal or recover your damages (repair costs, etc). Also, in a used car sale, many of your legal rights (other than fraud) are determined by the seller’s ad because representations in the ad can amount to a warranty in most states. Look to see if there were any kind of promises or warranty in writing. Once you have already spent your money, it's not too late to have an independent repair shop inspect it and tell you what they think, but the best time is before you put down your hard earned money. Still, there is more than one way to get rid of a bad car or to get even when you’ve been ripped off. You should talk to a local Consumer Law lawyer about your state laws and what your rights are, right away. You can find a Free Online 50 State National List of Consumer Law Lawyers (http://www.USLemonLawyers.com) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time. And before you decide to buy a used car over the internet next time, read this .com guide on how to avoid getting ripped off in an online car sale: http://tinyurl.com/9jx72fl . If this answer was helpful, please give it a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Ron Burdge, Attorney, www.CarSalesFraud.com
Go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers
www.USLemonLawyers.com
Buying a car online? First, read this .com guide on how to avoid getting ripped off in an online car sale
http://tinyurl.com/9jx72fl
Learn more about car dealer sales fraud tricks, click here
www.carsalesfraud.com
Watch this Video Legal Guide, How to Tell if a Used Car Has Been Wrecked Before You Buy It
http://tinyurl.com/8d686gg
How to Tell if a Used Car Has Been Wrecked - Door Panel Inspection, watch this Video Legal Guide here
http://tinyurl.com/8zcb5ns
Read this Legal Guide, How to Buy a Used Car and Not Get Ripped Off, click here
http://tinyurl.com/8q3slvk
Ron set out a lot of the complexity of this situation. I believe you will need an attorney to help you sort this out. I assume you went back to the seller, asked for your money back and he has refused. He may have committed fraud. On the other hand, it may have just died. If you sue, you will have to prove he knew about the problem. Will your mechanic back you up? The next question that the seller's lawyer will have is did you have the car inspected by a mechanic before you bought it? He will try to make you look bad by making you look like you did not protect yourself. If he did cheat you, that is not right and he should have to pay for his wrong doing. You will have to prove that. Get a lawyer to help you.
The two main advantages of a udap claim are that you do not have to prove they intended to rip you off and you can get them to pay your atty.. Here, you have a relatively small by legal standards, claim. So, you can probably go to small claims court and there too, standards for fraud (and evidence) or relaxed. Usually no atty needed. Good luck with it.
