Legal Question in Real Estate Law in California

I bought a car for $600. Was told that it was in good shape, would get me over a steep grade easily, said they drove it over this grade 2 times a week. No problem. 15 minutes after purchasing the car, it broke down on the grade. Heater coil blew. Guy came, picked up the car, went and got it fixed, told me he'd let me know when it was fixed. I continually asked for my money back, now he's avoiding me nad won't give me the car OR the money! How should I go about suing him to get my money back?


Asked on 1/06/11, 6:47 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Small claims court. Usually, auto sales are "as-is." However, because the seller made specific representations about the grade and condition of the car, and it broke down within 15 minutes, you might succeed, especially since he won't return the car. Since the car is yours, you might alternatively seek law enforcement intervention if you want the car back.

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Answered on 1/13/11, 11:39 am
David Gibbs The Gibbs Law Firm, APC

First, send a letter demanding a refund of your money. Give them a short deadline in which to pay you back. When they do not, file a complaint with the Small Claims Court. The clerks there can help walk you through the process of filing out the forms, and arranging to have it served. Finally, contact the Better Business Bureau as well as the California Department of Consumer Affairs - the later may be able to help if the seller is a licensed automobile dealer.

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Answered on 1/13/11, 11:39 am


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