Lemon Law on Private Party?

[lilcountrygal08]

Ok here it goes:

I bought a vehicle private party on 10/30. I did not have a title so I took the car home parked in front of my house and it sat there. I was told by seller I would get a title within a few days. I didnt have a problem with that.

Well 3 weeks later and still no title and the seller refusing to return my calls, I went and got myself a temp tag for the vehicle. I needed to get to and from work and to get my daughter without asking family and friends to give me a ride. I missed alot of work because of this also.

I drove the car to work and my brother came and took it to a friends house thats not even 5 miles from my work. As he went to start the car, it mad a pinging and clunking noise. We had a mechanic come to the house and check out the car. The engine was blown. The mechanic said they rigged it to last for a day or two and thats it.

So now heres my problem...do I hava a case against her? She told me she would not give me my money back, and is now trying to charge my an extra $100 for the title.

I was told that since i NEVER has the title that the sale was never final and no matter what she has to give me my money back. Is that true? Iam looking into filling papers in small clams court asap.

Please let me know thank you!!!

 

[Duranie]

This is not a lemon law issue and lemon law does not apply in most states to private party car sales. You pretty much buy a car AS IS when you buy a used car. If you do not get it mechanically inspected, you are pretty much out of luck. If you can prove this person had to have known the engine was bad and about to die, then you MIGHT have a case but the burden on you is to prove it.



Was there a bill of sale drawn up? That generally makes a sale final.

Did the car have a lien against it when you bought it?

I dont see how she can charge you extra for the title, you might be able to sue her for that, or to void the sale since she will not turn it over.

So my answer is, since she won't turn over the title without an additional 100.00 you might be able to sue her for the full amount of the purchase, in return you probably will have to give the car back, but this is a long shot. You probably have no case to sue her do to the mechanical defects since you did not get a mechanic to inspect it. Buyer beware.

How much did you pay for the car?

 

[lilcountrygal08]

I do have a bill of sale but when i went to get a title for it at the mvd, they told me i couldnt because it was in Texas and I am in New Mexico.