We were told that there were no major issue with the car that it only needed an oil change and a good cleaning on the inside. We proceeded to get an oil change the first week we had it. Later that week the car would not start and required a jump. We had the battery replaced and then a week after that it would not turn over again. At this point my husband called his uncle and told him to come pick up the car and that we wanted our money back for being sold a "lemon". To be fair we requested only 800.00 out of the total 1100.00. We received 1 payment for 30.00 in December 2014 and another payment for 100.00 in May 2015. His uncle is now saying that they do not owe us any money at all and is refusing to pay. Is this a small claims court situation or something that should be escalated higher
Sounds like a case for small claims court.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
This is definitely a small claims matter. If the amount is below $3500 in Arizona, small claims court has jurisdiction.
Normally when you buy a used car there are no warranties. Unless your uncle was aware of material defects and failed to disclose them you may not win. Regardless, small claims court seems to be the most appropriate venue to hear this dispute.
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