Legal Question in Civil Litigation in District of Columbia

Fraud / misrepresentation by private party car seller

I bought a 2007 car from a private seller. Before seeing the car, in reply to my email question, the seller emailed that the car ''has never been in an accident, and the body is free from any dents, scratches etc. The body and paint are indeed spotless. The car is like new.'' The seller also emailed photos where no damage was visible. Later, I had a chance to see the vehicle, and didn�t notice damage. After signing the deal ''as is'', I had to wait for a week to get the car, and then found body and paint damage. Seller then admitted in email that the car ''had been scraped a bit some months ago when I was entering the underground garage of my office too tightly'', but maintained that damage was only in rubber part and not in the body. It was obvious that the owner had known about the damage because it had been covered with some black substance, the color of the vehicle. I emailed him photos of the damage. We didn�t come to an agreement about payment for repairs which ended up being $744, paid by me. Fraud or misrepresentation by seller? Are his emails, photos and receipts evidence enough? Can I file suit in small claims court since I did all correspondence even though technically the car was sold and registered to my wife?


Asked on 9/22/08, 2:48 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Fraud / misrepresentation by private party car seller

No, if your wife was the buyer of the vehicle and title is in her name, she must file the case in small claims court rather than you, but at the hearing she could submit to the court the various evidence which you've mentioned and could also have you testify as a witness in the matter, if necessary.

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Answered on 9/22/08, 6:04 pm


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