Bought a used car from a private party and the mechanic stated the car will never pass inspection! Seller wont return calls.

Asked over 1 year ago - Buffalo, NY

I bought a 1995 Pontiac Firebird from craiglist and the add Stated no issues, and the car had new tires and exhaust. I checked out the car and the seller advised me that her father tore a hole in the exhaust and thats only issue. she was asking $2500 and she took $2000. I brought the car for inspection 2 days later and the mechanic showed me a large hole in the frame, oil and transmission leaks, the whole in the exhaust is not new, and the tire struts are completely rusted out. I went to the sellers house and found out she is only 17 years old and the title was actually in her fathers name from her mother. They are refusing to give me my money back and no longer responding to messages and calls. What are my rights?

Additional information

The Mechanic had advised me that the car is a death trap. If I was rear ended, the car would fold in half. I contacted the Buffalo Attorney Generals office and they said I definitely have a case.

Attorney answers (2)

  1. Regina Gordon

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Unfortunately, this seems like a case of buyer beware. You did have a chance to inspect the car before you purchased it. You did not solely rely on the seller's representations.

    Was the car sold "as is" or with warranty? If it was sold "as is" you will have little to no recourse. While NY does have a limited lemon law, it is unlikely that this car will be covered. Here is the NY lemon law (http://www.ag.ny.gov/consumer-frauds/used-car-l...).

    Who signed the title over to you? Did the seller sign her father's name? Did you notice this when you originally purchased the car?

    A letter from an attorney may get a response out the seller. Contact an attorney and make sure you have all the paperwork.

    Hope this is helpful.

    This answer is not legal advice. You should act or refrain from acting based on this answer. This does not form an... more
  2. Edwin Drantivy

    Pro

    Contributor Level 18

    Answered . You would be well-served to discuss your dilemma with a New York contracts attorney as well as a lemon law attorney in a confidential forum as soon as possible.

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