Can I take a private seller to small claims court

[stvtill116]

Can I take a private seller to small claims court in Pa? I purchased a car from Craig's list for $1300.00 on 4/47/2009 The cars motor went on 5/8/09. The repair shop said it would cost $4000.00 to fix. The seller said the car was in great shape and there were no problem but a transmission slip.

Can I take them to court? Please this would really help me. I have three kids and now no car or no money to purchase another one.

Thanks you

Here is the add

Great small car, really good on gas over 30 mpg, you can fill up on average for under $20. Car has around 130K miles, and needs light tranny work, it shouldn't need too much, just having a little problem catching in first gear. 2 door, automatic, 6 disc cd player, pw, pl, sunroof, 4cyl, abs, dual airbags, cruise control. Car has minor dings here and there but nothing too terrible. I will be uploading pics soon. Call Terry for questions

 

[CdwJava]

I don't see where he says it is in "great shape". The ad says it is a "great small car". Also, I see no place where the ad guarantees that no other work might be necessary, only that it is his opinion that "light tranny work" is needed.

Did you sign a sales document indicating the car was sold "as is"? Were any promises made in the contract or verbally that nothing else was wrong?

Personally, I don't see a guarantee that there was no other problems here ... but, a judge in small claims might see it differently. Heck, if you can afford the cost of the hearing, you might give it a try and see what happens. Maybe the filing alone will give the guy impetus to share the costs with you.

This is yet another reason why people should avoid these sales sites.

- Carl

 

[stvtill116]

The bill of sale says nothing about being sold as is. I asked the seller many times if there was anything worn with the car and I was told no. The head gasket on the car is shot. I only had the thing for 11 days.

Thanks
Steve

 

[CdwJava]

Heck, if you asked me about my car with 120,000 I'd have to tell you it runs fine ... could it crap out tomorrow? Sure.

The key is going to be in what was promised, guaranteed, etc. From the ad, I do not see a promise that there is nothing else wrong, but I suppose one can infer that the seller asserted all was okay but the transmission. The seller should have added language to include that the sale was "as is" and that he was not responsible for any future damages or malfunctions ... there are sites that allow you to buy these documents for a few dollars and you just fill in the blanks.

It's up to you to decide whether the filing fees and costs are worth the gamble of a small claims action. It does not appear to be clear cut, so it will be up to whether or not a judge agrees that the ad's inference was the car was fine except for those things mentioned. However, he may see it as the ad stating that the listed problems were the ones known. Who knows?

Good luck.

- Carl