Private car sale in NYS

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betsy

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My son recently purchase a car in New York State through a private sale.
He bought it from a neighbors sister who insisted to him on several occasions that it is an older car but "It runs fine, there is nothing wrong with it".
My son is a 19 yr old college student that needs a winter car. The seller had a list of the repairs that have been made on the car. My husband looked at the car that was parked on the front lawn and saw nothing wrong with it. Started ok. They could not test drive the car, it had no plates. Again my son trusted the sellers honesty.
After my son takes ownership of the car the seller calls that next day because she forgot that their is a problem with the car wanting to stall and her mechanic told her how to avoid the issue and she proceeded to tell us. It took my son about three weeks to come up with the money to put the car on the road.
My husband took the car for drive once we had plates and the transmission is shot and its leaking oil badly. The receipt states "as is". I would like to take the seller to small claims court. I assume "as is" should pertain to my sons perception from the seller that " There was nothing wrong with the car and that it runs fine". If she had been honest he would not have bought it. The car has been driven less that 5 miles since we have had it. Please advice if I have a chance in court. Thank You.
 
I believe you do have a big chance, just sue the person in small court... for $5000 sue u only lose like $50 at the most... and believe me the judge is gonna tell both of u to try to solve the problem before the verdict begins.

She clearly told you "it runs fine" "there is nothing wrong with it"

and then she tells you she "forgot" to mention one problem.

This is clearly a lie and it was meant to deceive you. So yes please take this case to court. You will lose a fee but the judge will hear all you have to say.

If u win the person has to pay all the court fees, plus your time damages etc.. can be up to $5000 easily.
 
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