I purchased a used car privately in NC. The vehicle's condition was misrepresented to me in writing and I was told the car had been inspected and it never had been. The car is a total loss because the damages that were hidden were more than the vehicles worth. I took the case to small claims. The magistrate asked why they lied and questioned them further about the condition and how they misrepresented the car. She then told me that there are no laws protecting me, even if they lied in the ad and in correspondence, in the state of NC and that I lost the case. Even if I don't get my money back, I am worried they will do this to another person. What should I do now? I have 10 days to appeal.
The general rule in NC is "buyer beware" for used cars with no warranties. You can sue for fraud and misrepresentation, but the pleading needs to be pretty specific and youo probably didn't say the magic words in the complaint for money owed form, or else the magistrate was not a lawyer. Depending how much money is at stake it might be worth it to hire an attorney to handle your appeal to District Court. An attorney will easily be able to get leave to amend your Complaint and can say what needs to be said. You also get a new trial before a District Court Judge and even a trial by jury if you choose.
This message is intended for informational purposes only. It is impossible to consider all relevant facts from a message board question. No attorney-client relationship has been created. Readers should seek a personal legal consultation with an attorney of their choice for the most accurate advice.
I agree with Ms. Coleman 100%. The seller is correct and incorrect at the same time. There is no lemon law in NC for used cars. BUT a seller cannot intentionally lie. The problem is the claims related to the lien are not appropriately raised in Small Claims. You have to plead fraud and other claims in a real complaint. You NEED an attorney if you want to continue to purse this
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