I bought a car not even a week ago and it is spraying motor oil all over so therefore either the head gasket or the main seal to the transmission and the motor oil pan is bad which therefore is costing me more to repair than I spent on that vehicle when I asked them they said nothing is wrong and I have it in black and white through messages on OfferUp how do I go about getting my money back
Not supposed to.
You can ask if they will return your money.
If not, you can sue.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
I agree with Mr. Rafter. There are a few problems however. First, if you sue, you have to definitively prove that the knew there were problems with the vehicle. It is possible for a head gasket or other component to have failed between their last use and your use. That is unlikely but as the plaintiff, you have the burden of proof.
Next, if you sue and win, collecting is not always easy in NC...many judgments never get paid. You should see what you can work out with the seller. But always remember have all vehicles you purchased checked out before you complete the purchase...if the seller refuses that...its a clear sign the vehicle is no good.
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