Legal Question in Consumer Law in California

I purchased a salvaged car from what I thought was a reputable repair shop (my good friend had bought two cars from the guy). The car ended up being $1,000 with repairs more than what was agreed. I paid a total of $7,500. All my dealings were with the body shop. When it came down to getting the title papers I was instructed I had to get the paperwork from a car dealer in Los Angeles (around 30 miles from the original point of sale). My husband went and picked up the car and when I saw it it had a 1" gash all around the inner tire so I spent $350 on new back tires. Then it rained and the trunk filled with water plus the check engine light was on as well as other problems. So we took it back for the body shop to fix. We picked up the car a week later and it still had all the same problems so we returned it again. A week later we were told it was ready to pick up again and when my daughter was driving it home on the freeway it was making a weird noise so my husband had her pull off the freeway. She barely could get the car to finally stop, since the front left brake had fallen off. The body shop came to pick it up and I told the guy we want our $7,500 back. He said he understood but he didn't have the money and when he sells the car he'd pay us. I know I'm stupid for buying the salvaged vehicle in the first place. Do I have any recourse and can someone tell me what steps I need to take? I don't know what type of lawyer I need. Thank you.


Asked on 12/29/10, 5:35 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

When you buy a car like this without any warranty, you are mostly out of luck. See what kind of warranty or promise was made when you bought the car.

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Answered on 1/03/11, 10:25 pm

There is an implied warranty of merchantability in the sale of goods unless it is excluded by an express limited warranty. Take the guy to small claims court.

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Answered on 1/26/11, 11:03 pm


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