I live in Indiana and I bought a car from a guy in Kentucky through ebay. I paid $500. through paypal and went to Kentucky and handed him $2500. cash. Can I sue him in my countys court? He never paid taxes on the car and had no legal right to sell it according to the BMV . So I never got a title. the car is also a lemon, it doesnt run. I found out later that it was a flood car but in his ebay ad it didnt say anything about being a flood car. It said runs and drives A-OK. So I couldn't drive it if it had a title or ran. I have had this car stored in my brothers back yard for a year and a half waiting on this guy to make this right. How much should I sue him for? If I win, how do I get the money? Any advise would be appreciated.
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A lemon that does't run and I can't Tag
- Thread Starter mykle210
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mightymoose
Moderator
You must sue in the jurisdiction where the car was purchased.
You will have some difficulties though, since it is your responsibility to inspect the vehicle before making the purchase. However, if you can show that the vehicle was deliberately misrepresented then you might be able to make an argument.
Chances are, even if you sue, you won't get your money back. The money is spent.
You will have some difficulties though, since it is your responsibility to inspect the vehicle before making the purchase. However, if you can show that the vehicle was deliberately misrepresented then you might be able to make an argument.
Chances are, even if you sue, you won't get your money back. The money is spent.
mightymoose
Moderator
No crime. It is a civil matter.
You should have gotten the title when you paid for the car. Without a title, you should not have paid.
There is nothing to arrest for, but you do have a matter that can be addressed in small claims.
You should have gotten the title when you paid for the car. Without a title, you should not have paid.
There is nothing to arrest for, but you do have a matter that can be addressed in small claims.
Thanks, I sure already know what I shouldn't of done and what I shoulda done. What I need to know is what can I do now and where to do it? There is no way that what that guy did to me is legal. How is it not theft? I didn't get a product that I paid for and the product was misrepresented. I know I was ignorant on this deal and I learned a valuable lesson. I know what your telling is probably correct but I just find it hard to wrap my head around..This guys signature isn't on anything, he made his girlfriend sign everything but the ebay account is in his name. The ad said it had 35000 miles on it but I found out later that it wasn't actual. I also found out later that it was a flood car and he didnt tell me that. I have had the car a year and a half and only put 200 miles on it. Does any of that information change anything? I appreciate your help and info. you wouldn't happen to have Guitos phone number would ya? lol
mightymoose
Moderator
It isn't criminal. It is a civil matter for small claims, and must be handled in the jurisdiction where the purchase was made.
It isn't theft because you willingly paid the money. It isn't criminal because the vehicle was sold as-is and it was your responsibility to inspect it prior to purchase. However, if you can PROVE a DELIBERATE misrepresentation you might have more to work with, but that isn't likely.
Do you think this person even has the $2500 to give back? You need to consider the ability of the person to pay before you invest even more money into suing. A judgment from the court is just a paper saying you are owed money- actually getting the money takes even more time and effort... and maybe more money.
The seller is going to claim that to the best of his knowledge the car ran well. Whatever is wrong with it must have happened in the last year and a half since you have had the car, and now you are trying to hold him responsible.
Bottom line here- though the guy was obviously shady and pulled a fast one on you, you ignored plenty of red flags when purchasing this car and share some responsibility. This is an expensive lesson learned because even if you sue you are unlikely to ever see a dime of that money. If the person owns a business or has a decent job, then maybe you can get something, but you will have to work for it.
You didn't properly inspect the vehicle before purchase. Having done so you would have found out t was a flood car. You didn't obtain the title when you paid. You observed that he wasn't signing documents... but paid him anyway.
Tough luck on this one, but your remedy is in a civil court in Kentucky if you want to pursue it.
It isn't theft because you willingly paid the money. It isn't criminal because the vehicle was sold as-is and it was your responsibility to inspect it prior to purchase. However, if you can PROVE a DELIBERATE misrepresentation you might have more to work with, but that isn't likely.
Do you think this person even has the $2500 to give back? You need to consider the ability of the person to pay before you invest even more money into suing. A judgment from the court is just a paper saying you are owed money- actually getting the money takes even more time and effort... and maybe more money.
The seller is going to claim that to the best of his knowledge the car ran well. Whatever is wrong with it must have happened in the last year and a half since you have had the car, and now you are trying to hold him responsible.
Bottom line here- though the guy was obviously shady and pulled a fast one on you, you ignored plenty of red flags when purchasing this car and share some responsibility. This is an expensive lesson learned because even if you sue you are unlikely to ever see a dime of that money. If the person owns a business or has a decent job, then maybe you can get something, but you will have to work for it.
You didn't properly inspect the vehicle before purchase. Having done so you would have found out t was a flood car. You didn't obtain the title when you paid. You observed that he wasn't signing documents... but paid him anyway.
Tough luck on this one, but your remedy is in a civil court in Kentucky if you want to pursue it.
Ouch, that really hurts to know and I believe every word. I really feel like an idiot. Just one more question though concerning the title. Can I go to small claims court and make him get the title in his name so he can transfur the car to me? The BMV called what he did "title jumping". Without a title I cannot get plates. He should at least be obligated to do that. And if the car needs to be inspected in KY and has to be towed, would I be obligated to to pay those charges? I already know, of course i will. Thank you, you have saved me time and money.
army judge
Super Moderator
mykle210 said:
Small claims courts have no power to order anything but monetary damages. Problem for you is, that you'd have to sue him in small claims court in his state, not yours. You also don't know who he is. A woman signed the documents, and you may not know who she is. The car could be stolen.
You could see if you can get a salvage title. Have you tried titling it in his state? Then see if you transfer the title to yours. Basically, you know what you did and how you dud it.
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