Legal Question in Consumer Law in Virginia
Private party auto fraud
Three months ago, I bought a used car from a private party that had massive undisclosed damage that I was not informed of. I specifically asked �Is there anything I should know about this car?� They informed me that the car was great, besides the rear hatch not closing properly. The frame on my 1998 Ford Aspire is twisted as well as the rear axel bent. I believe that they took the car to a mechanic that they had befriended and got him to illegally have it pass inspection. (A car can not pass inspection on a bent rear axel.)
I am 18, and I do not have the money to drop on a new car. With out this, I can�t get to my job. Please help.
2 Answers from Attorneys
Re: Private party auto fraud
This is a classic case of fraud or misrepresentation. The question is can you prove that they told you that. If you say they said it, and they deny it, that could be a problem.
However, in general, they have clearly committed fraud by this statement. You could go to court and either (a) rescind the contract or (b) recover the difference between the value of the car that they promised you and the car they actually sold you (a damaged car).
Re: Private party auto fraud
Everybody gets burned on a used car deal when they are 18. It is part of growing up. Next time have your own mechanic inspect the car and run a carfax report before you buy a used car. The hatch that didn't close should have clued you in to the twisted frame. If you can get a 2nd mechanic (someone who is a licensed inspector) to agree that the car should not have passed inspection, you might be able to take the 1st mechanic to small claims court. Or, if you run a carfax and it comes up as a salvage (crashed) vehicle you could take the seller to court for fraud. But you would probably lose in either case, because used cars are normally sold "as is." Whether or not it would be worth it to you to go to court depends on how much money you are out, vs. the time and expense of a court case. Under $2000 you can go to small claims court without a lawyer, ask the clerk at your local General District Court.
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