Legal Question in Consumer Law in Pennsylvania

I've been taken on a used van (RV conversion). I live in Ohio, the van was in Pennsylvania and I did much of the negotiation and inquiry by phone and email. I did TWO CarFax reports (2 different companies) and had the van professionally inspected before I personally inspected the van and bought it. Everything came back clean.

It turns out the van has VERY serious rust problems to the undercarriage and will now need to be scrapped. The gas line ruptured and i was lucky it didn't explode (or was I?). Then the brakes failed and again I was lucky I didn't crash. The previous owner did mention rust, but downplayed it and pointed out only a quarter-sized blemish on the body. The mechanic inspector didn't say a word even when probed (though perhaps not specifically about the rust). The rust is so egregious and obvious once you put the van on a lift there's no way a professional could miss it.

Do I have any recourse against the seller or inspector?


Asked on 7/16/10, 12:05 pm

1 Answer from Attorneys
Rachel Hunter

Congratulate yourself on getting the CARFAX reports and having the vehicle inspected before you bought it. You don't realize how many people do not do those simple things.

Regarding your cause of actions against the seller and inspector, the answer is a qualfiied yes. With respect to the inspector, its simple negligence. You would have to show that any reasonable mechanic would have seen the problems. What did this inspection entail? Would it have been reasonable to put the car up on a lift? If the answer is that a reasonable inspection would have been included this and your mechanic did not do it, then you have a cause of action.

As for the seller, if the problem is as extensive as you say, I find it hard to believe that he did not know about it. To the extent that fraud or a violation of Pennsylvania's consumer protection act was involved, you can recover treble damages as well as costs and attorney fees if you prevail.

You do not indicate when you bought the van. Generally, you have 2 years to sue in PA.

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Answered on 7/16/10, 10:16 pm


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