Bought a used car from a neighbor who lied about the condition

[carproblems]

Jurisdiction

California

I live in southern California. I needed a basic car that just worked, no frills, gets me to and from work and where I need to go. Saw a 2014 Nissan Sentra on Craigs List that seemed to fit the bill and the seller wasn't too far away from me. The seller seemed honest and told me that the car had only one minor accident in the rear right side and that the panel was replaced. Other than that, he said it was in perfect working order and needed to sell it to get a larger vehicle because he was going to drive for Uber. I had a friend take a quick look who knows more about cars than me, we all went for a short ride, and he said it seemed to be OK. I got a bill of sale from the owner to that effect and there really weren't any other terms in the agreement.

Two days later the car has a warning light illuminate on the dashboard, such as the airbag. Painfully I take it to the garage. The mechanic tells me that someone replaced a number of the parts in the dashboard and that he thinks it was done to bypass some of the problems the car is having and not to show that the airbag is faulty. I asked if he was certain and he said he was extremely sure someone worked under the dash before. I called up the owner and he said that he doesn't know anything about it and that he bought the car from another owner and he didn't hear anything about this. I told him that he represented in front of my friend that the car never had any work done on it except for the rear light and he said that is all he knew that was done. He didn't want to settle.

Are there any lemon laws that apply? Can I sue this person in small claims court? I do have a witness as to what he represented and I think that should count for something too. Does anyone have advice on how to handle this?

 

[Michael Wechsler]

This is California's Lemon Law FAQ and here is another which doesn't appear to cover your scenario as it relates to the auto manufacturer's warranty. The Lemon Law – Consumer & Business

In your case it seems that someone modified the vehicle and there may have been a material misrepresentation regarding the condition. Anyone can sue in small claims court. Whether you'd win is unknown. In virtually all instances you'd need to file in the county of the defendant. I don't know what was in your bill of sale. If the words "as is" are contained within the document, you may have a difficult time, especially having the opportunity for someone to look over the car. I don'thave more to add except wishing you good luck.

 

[Zigner]

In California, "as is" is the default position for private party used car sales.

 

[adjusterjack]

Are there any lemon laws that apply? Can I sue this person in small claims court? I do have a witness as to what he represented and I think that should count for something too. Does anyone have advice on how to handle this?

Small claims court is cheap and informal. California has excellent self-help guides.

Small claims in California | California Courts | Self Help Guide

IMPORTANT: As of 10/1/2025, a landlord can no longer sue in Small Claims court for unpaid COVID-19 rental debt above $12,500. COVID-19 rental debt means unpaid rent and other costs incurred before Sept.

selfhelp.courts.ca.gov

Fees are reasonable and the limit is $12,500.

Not much to lose, if you lose.

I don't think you'll win but serving him with a lawsuit may scare him into negotiating. Or not.

You should have taken the car to the real mechanic instead of to a friend who "knows something" and thought "it was OK." Lesson learned.