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re: Legal question: What are your rights when buying a vehicle from an individual?

Posted on 6/29/18 at 7:29 am to
Posted by BamaTiger00
NOLA
Member since May 2006
890 posts
Posted on 6/29/18 at 7:29 am to
It should have been.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68544 posts
Posted on 6/29/18 at 7:29 am to
quote:

I'm not an expert but why wouldn't the agreement be tentative upon it being inspected by a mechanic

You missed the part about the buyer being a dumbass
Posted by GFunk
Denham Springs
Member since Feb 2011
14970 posts
Posted on 6/29/18 at 7:33 am to
I’m guessing either the OP or his Bro looked at the Bill of Sale and saw the As Is section. Unfortunately they both are realizing he should have looked or at least known about the as is before paying north of 10K on a used car from someone he didn’t know without having anyone who knows about vehicles look at it for him. Not after the POS he bought blew up on him.

PT Barnum said it best, “There’s a sucker born every minute.”

Posted by QJenk
Atl, Ga
Member since Jan 2013
17588 posts
Posted on 6/29/18 at 7:42 am to
Why he spend 10k from a private seller. If he had 10k in cash to giveaway, it's better to go to a legit certified used car lot. At least he would possibly have some leverage to help in his case.

Posted by Tiger inTampa
Tampa, FL
Member since Sep 2009
2171 posts
Posted on 6/29/18 at 7:46 am to
caveat emptor....
Posted by gumbo2176
Member since May 2018
20049 posts
Posted on 6/29/18 at 7:46 am to
My take is this. Most used vehicle purchases are under the "as is" clause and once you buy it, you own it, warts and all.

Like others have already said, unless there is a specified warranty period on the bill of sale, he's fugged.
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 6/29/18 at 8:00 am to
quote:

He bought a Just Empty Every Pocket


Well shite, it sounds like the transmission lasted about twice as long as it typically does.




Also, I've never bought something quite that expensive from an individual, but I do buy bikes and bike parts every once in a while which can run a few thousand dollars. I always send money with PayPal and make sure it's not a "gift" but an actual payment for goods and services. There is a 3% fee, but it's protection on the purchase. I type out a description of what I'm sending money for such as "Shimano Di2 Rear Derailluer with minimal cosmetic damage in full working order". That way if the thing shows up banged up and not working, I've got something to go off of to get money back.
This post was edited on 6/29/18 at 8:04 am
Posted by DevilDagNS
Member since Dec 2017
2976 posts
Posted on 6/29/18 at 8:05 am to
Depends on what the bill of sale says, but most likely yes he can sue him for redhibition and possibly fraud if he can allege the guy knew of the defect and concealed it from him. Either way, he is in for a nice legal battle that will cost him more $$ and time. Good luck and what a great lesson learned the hard way about buying crap from strangers.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 6/29/18 at 9:36 am to
quote:

He bought a Just Empty Every Pocket

And it’s living up to the hype


That guy would end up with a flat tire once a month until he called and begged me to let him pay half, period
Posted by biglego
San Francisco
Member since Nov 2007
84736 posts
Posted on 6/29/18 at 9:39 am to
Caveat emptor
Posted by biglego
San Francisco
Member since Nov 2007
84736 posts
Posted on 6/29/18 at 9:41 am to
quote:

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.

OP didn’t even bother to tell us what state this happened in.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49072 posts
Posted on 6/29/18 at 9:41 am to
quote:


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.




Post the sellers information here and on reddit. This can be fun.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
49072 posts
Posted on 6/29/18 at 9:43 am to
quote:

He bought a Just Empty Every Pocket

And it’s living up to the hype


My ex wife bought a brand new 4x4 Jeep when we lived in Dallas. Within 3 months the tranny was replaced and the entire passenger seat(the lever release thingy completely broke). These were obviously covered under warranty but she quickly traded in and got an Accord.

EFF Them vehicles.
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