There are several different ways you could handle this. I assume that there was not a written sales contract, and that this was an oral contract. If there was a written contract, you would need to review that document to see what it provides.
In any event, you should contact the seller and explain the problem and tell him you want to rescind the contract and get your money back. If the seller made false representations to you that may be grounds to rescind (undo) the sale. If the seller refuses to do so, you can consider filing a small claims lawsuit against the seller for recission (return of truck to him, and return of money to you), breach of contract (seller failed to provide you with what you bargained for) and fraud (seller made false representations of a material fact upon which you relied).
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
I have to say I am much less optimistic than Mr. Dormer. The guy who sold the car to you is not likely to admit to you or to the court that he made false representations to you. And your first clue was the price of the car. I am afraid that when you buy a cheap used car, you get what you pay for. Good luck.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
I agree with Mr. Dormer. I suspect you will be forced to go to small claims court. Your case will be very strong if you can get your mechanic to testify or type up a statement that lists the problems with the vehicle, and that states that those problems are of such a nature that they would have had to have been causing problems and be known to the seller of the car when he sold it to you. In other words that they didnt just suddenly happen after you took possession of the car. It is very important that you prove he knew of the problems before he sold it to you. You will need to testify that had he disclosed all known problems, you would not have purchased the car.
I am curious as to why your mechanic charged you 300.00 to fix the car, but it then had the same problem 2 days later. Did he not fix it right?
Did the seller give you papers showing who had done the transmission and clutch work? If so, you might want to go there with a witness and ask the shop if there were other problems with the car they noticed other than the trans/clutch.
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