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If i buy a car from someone who mislead me to believe it was in good condition can i sue?

Firebaugh, CA |

all the guy said was that it needed new tires and tags thats it. it turned out that the ac was leaking, the engine was burning oil and the clutch is messing up. also the stereo doesnt work, which he said it only needed to be connected, but it doesnt have the wiring to get it connected. the trunk lid wont stay open.

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Attorney answers 4


Probably. It's a small claims case if under $10,000.00 and you can bring that on your own in the area where the seller lives.


I Agree with attorney Kaufman .also I miss facts here. When where how are important issues

You need to be very very careful . As a California Attorney and one of the very few that are Fraud Examiners ( CFE member of the Association of Certified Fraud Examiners) i receive every day alerts about new scams. . You describe in your question one of those schemes. and

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Did you buy the vehicle from a dealer? Or from a private party?

If it was from a dealer, what sort of warranty did you get? Was anything in writing? Unfortunately, buying a used vehicle in California can be precarious. You should probably have an attorney review the transaction to see what laws were broken, if any, during the transaction.

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Your message indicates the seller knew about pre-existing problems and did not disclose them. If that is the case he had a duty to disclose those problems and his failure to do so arguably constitutes fraud. Did you purchase the car from a private seller or a dealership? That will be a pretty big factor into whether you pursue this matter in small claims court or superior court. Also, how long after the purchase did the problems you mention show up? If they showed up shortly after the purchase that will help your case. If you would like to discuss this further, I invite you to call me for a free consultation. Good luck with this.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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