I bought a car last month and the seller said there was nothing wrong with it at the time. I took a test drive and it drove fine. After purchasing it for $3,000 I drove it home then around town the same day. After a total of 69 miles, the car shut down and started smoking, then towed to a mechanic. $500 later they give me the diagnosis and it’s a blown head gasket. The mechanic said he definitely believes the seller knew about it because of there was an additive added to the radiator fluid meant to be a temporary fix that was all gummed up in the engine, and it was rusted in the cylinders and valves. Again, none of this was disclosed at the time of sale, and the car is sitting apart at the mechanics shop. I have pictures of the inside of the engine and I can have the mechanic write a testimony for the court. This is in Texas. What are the odds I can sue in small claims court and win?
Even if you bought the car "as is" the seller still has to disclose known defects. If the seller knew of defects but did not disclose them, the seller could be liable for misrepresentation or fraud or a violation of the Texas Deceptive Trade Practice Act.
You should consider preparing a letter to mail by certified mail, return receipt requested to the seller to set out the facts and to demand the relief that you want. Make sure that your letter is professional and business like as it may be evidence later. Include the repair estimate and photographs to support your letter.
If need be, file suit in small claims court to recover the cost of repairing the car. You can use your letter as evidence.
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