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Message
Legal question: What are your rights when buying a vehicle from an individual?
Posted on 6/29/18 at 6:50 am
Posted on 6/29/18 at 6:50 am
My brother (who is a dumbass) bought a vehicle from an individual yesterday. The ad and person selling promised him that there was absolutely nothing wrong with this vehicle. He looked at it, made sure everything seemed in order, paid 11k cash, and then began to drive it back to his house (couple hour trip)
His transmission broke in half about 15 miles down the road. Called the seller and they pretty much said GFY. Is he screwed or does he have any rights at all? I told him that I think he’s SOL.
His transmission broke in half about 15 miles down the road. Called the seller and they pretty much said GFY. Is he screwed or does he have any rights at all? I told him that I think he’s SOL.
20
Posted on 6/29/18 at 6:51 am to TDcline
SOL unless bill of sale says otherwise
Posted on 6/29/18 at 6:51 am to TDcline
That might qualify under the lemon laws
Posted on 6/29/18 at 6:51 am to TDcline
Yeah he’s screwed. Maybe bring an expert with him to look at the car next time
Posted on 6/29/18 at 6:58 am to btr08ex
quote:
That might qualify under the lemon laws
I can’t tell if this is sarcasm or not. Lemon Laws generally apply to new vehicles when the same issue occurs many times and hasn’t been remedied by the manufacture/dealer. None of that applies here.
Posted on 6/29/18 at 6:58 am to TulaneFan
As is.
Posted on 6/29/18 at 6:59 am to TDcline
Just get a new transmission and move on. What kind of car? Probably get a quality rebuilt/used
Posted on 6/29/18 at 7:00 am to GeeOH
He bought a Just Empty Every Pocket
And it’s living up to the hype
And it’s living up to the hype
Posted on 6/29/18 at 7:03 am to TDcline
Your brother is screwed and stupid.
Posted on 6/29/18 at 7:03 am to TDcline
You're looking for the redhibition statute, which is similar to other state’s lemon laws. It does apply to used cars as well. I wrote an article on it a few years ago, but generally no one I know will touch a redhibition case, for a number of reasons. Also depends what docs he signed, whether he waived redhibition, etc.
This post was edited on 6/29/18 at 7:05 am
Posted on 6/29/18 at 7:04 am to TDcline
If you buy anything "as is" then when you shake hands and exchange your cash for the keys then it's a done deal. You'd have to prove the seller knew something was wrong to prove fraud.
Posted on 6/29/18 at 7:06 am to TDcline
100% his fault for not having a mechanic check it out first.
Posted on 6/29/18 at 7:13 am to TDcline
Transmission or transfer case? There have been a few older Jeeps I have seen just explode a transfer case without warning. Craigslist a new one and move on.
Posted on 6/29/18 at 7:13 am to Wtodd
Wtodd is on the right track. You may have to prove fraud. Another requirement is that the car had to be defective when exchanged/delivered. I think there may be a presumption of defectiveness if the problem arises in a couple of days, or something like that.
Either way, that’s why you always have a used car checked out by an independent, certified mechanic before buying. I’ve walked away from buying 2 used cars after the mechanic told me there were problems.
Either way, that’s why you always have a used car checked out by an independent, certified mechanic before buying. I’ve walked away from buying 2 used cars after the mechanic told me there were problems.
Posted on 6/29/18 at 7:14 am to TDcline
Tell your brother not to do that.
Posted on 6/29/18 at 7:16 am to BamaTiger00
quote:
Either way, that’s why you always have a used car checked out by an independent, certified mechanic before buying. I’ve walked away from buying 2 used cars after the mechanic told me there were problems.
One other thing to do and it's important: when you buy a used vehicle, take it to the local cops and let them run the dogs through it.....seriously.
Posted on 6/29/18 at 7:23 am to TDcline
Contact an attorney.
Posted on 6/29/18 at 7:26 am to TDcline
quote:
My brother (who is a dumbass) bought a vehicle from an individual yesterday. The ad and person selling promised him that there was absolutely nothing wrong with this vehicle. He looked at it, made sure everything seemed in order, paid 11k cash, and then began to drive it back to his house (couple hour trip)
His transmission broke in half about 15 miles down the road. Called the seller and they pretty much said GFY. Is he screwed or does he have any rights at all? I told him that I think he’s SOL.
a. this might be an unlucky lottery situation where the transmission genuinely took a shite without the previous owner having an idea.
b. the previous owner might not know shite about cars and didn't know there was anything wrong.
c. you said it was a jeep, if it was a CJ7 a lot of them came with a quadratrac transfer case in the 70s that have a chain drive that sucks. I rebuilt mine with a new $300 chain, refitted everything and sold it. I talked to the people a couple months later and they said that they blew up the transfer case within a month. The chain just exploded and they had to rebuild it again.
Posted on 6/29/18 at 7:28 am to TDcline
I'm not an expert but why wouldn't the agreement be tentative upon it being inspected by a mechanic?
Posted on 6/29/18 at 7:29 am to TDcline
Contracts have to be entered into in good faith so it's possible your brother isn't totally screwed. However, it'd probably be hard to win and cost more than repairing the Jeep so I'd move on.
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