Legal Question in Consumer Law in California

I purchased a used car two weeks ago. Prior to the purchase, I asked the seller some pointed questions:

1. Is the car water-tight

2. What is going on with the locks? (they were making a strange sound)

4. Is it me, or does reverse seem to be a little weak? How is the transmission?

He answered

1. Yes, it is totally waterproof

>>>it leaked severely last week in a rainstorm. $300 to repair door seals

2. The locks have a safety mechanism & that's why they click. >>>It turns out that the locks didn't work & just kept clicking away, not opening. It was not a safety mechanism, but severely broken. $450

3. He answered that you have to warm, then reverse is fine, transmission is fine

>>>The car wouldn't reverse yesterday. Repair shop says transmission is going out & cost to repair will be $2500; 1/2 of what I paid for the car.

In my mind, the private seller blatantly misrepresented what was going on with this car. I would like to file a lawsuit to rescind the purchase, or pay for the transmission replacement. Any advice that could be given would be most appreciated.

Thank you in advance.


Asked on 11/21/11, 9:08 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Congratulations on turning 18 and buying your first car. Too bad you didn't have the car inspected by your own mechanic before buying. You won't make that mistake again. If the seller didn't give you a smog certificate you might be able to get your money back in small claims court. Otherwise, caveat emptor.

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Answered on 11/21/11, 11:02 pm


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