Legal Question in Consumer Law in California

Auto Auction - got a lemon

I bought a Land Rover on Ebay auction. No warranty. AS IS condition, but seller paid for smog and took me to DMV to transfer title. Drove it around and he checked it out by driving it. After paying him the cashiers checks for deposit and total of $2850, Driving it HOME, however, smoke came out of the tailpipe; passerby honked and I got off the freeway. At the bottom of the offramp, the car died and smoke barreled out from under the hood. Had it towed to Land Rover dealership where it's being assessed today. Do I have recourse? Can I sue seller? How should I proceed to get my money back....or CAN I GET MY MONEY BACK OR SHOULD I just move on and get it repaired?


Asked on 5/29/07, 3:46 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Auto Auction - got a lemon

You bought the car "as is" from a private seller. If you can prove he committed fraud, you could sue him to get your money back. However, the onus was on you to inspect the car and have a mechanic look at it before you paid for it. You are probably stuck with it, and the repair costs, now.

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Answered on 5/29/07, 3:56 pm


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