Purchased Used Car, Will Not Pass Inspection, Can I Return To Previous Owner?

[mrburns1984]

My uncle just purchased a 1996 Pontiac Grand Am GT. The car was advertised in the local paper for $3000. The car was said to have 37,000 original miles. My uncle and I went to go look at the vehicle the same day. The owner had a complete carfax report confirming the 37,000 original miles. Every oil change, tire rotation, inspection, etc. was documented on the carfax report. The car was serviced every time at the delarship the car was originally purchased from. The gentleman we purchased the car from was the second owner. My uncle drove the car briefly and talked to the owner for quite a while about the maintanence records. The car was immaculate, no rust, no dings or dents, brand new tires, very well maintained. My uncle decided to purchase the vehicle, he ended up paying $2500 cash. There was a bill of sale written, nowhere in the bill of sale did it specify "as is". He took the car to his mechanic to get it inspected after the purchase and the mechanic refused to inspect the vehicle. Apparently the lower control arms on both sides were nearly completely rotted. We feel that the previous owner knew about this problem based on the last repair documented on the carfax report. Less than a month prior to this sale the car had new front brakes installed (pads and rotors). The car was also in need of inspection within the next month. We believe that the dealership that did the repairs informed this gentleman at that time that the car would not pass inspection and advised him to sell it before the inspection expired. My uncle has owned the vehicle for almost a month at this point and is not sure what the next move should be. The car cannot be inspected so there is no way to register or insure it, so at this point it is a $2500 paperweight. Should he try to take this case to small claims court? Could he do the repairs and bill the previous owner? Is there no legal action that can be taken, should he just cut his losses and have the scrap yard take it? Any suggestions or advice would be greatly appreciated. Thank you, Michael Burns, Schenectady New York.

 

[army judge]

Private person auto sales are automatically "as-is" sales.

That specific language does not have to be on the bill of sale.

It operates as a matter of law.

Your uncle should have taken the car to HIS mechanic.

Sellers lie!

 

[Unreal03]

I believe that you may have a case. You could argue that it is "Unconscionable" meaning the seller knew about this and deliberately sold the car in order to scam and fool you. This could be argued as a civil tort. I could go file, what do you have to lose? You only have to gain 2,500.

 

[army judge]

I believe that you may have a case. You could argue that it is "Unconscionable" meaning the seller knew about this and deliberately sold the car in order to scam and fool you. This could be argued as a civil tort. I could go file, what do you have to lose? You only have to gain 2,500.

Please, stop this.

This is no where near correct legal advice.

 

[Unreal03]

Please, stop this.

This is no where near correct legal advice.

You know, i dont mean to be rude, but ive used this forum for some time and im practicing law right now.

Every time you have given me advice on past cases, you were always completely wrong and i always won my case. Now you may be a law student or even a licensed attorney, but you may not be a very good one.

There is a case i studied from business law in there a man did this same exact thing, and he argued that it was "unconscionable" and won his case given the circumstances. ( Wish i would show you the case number, but sold my law book) He does have the right to file, why would he not want to have ONLY A chance to win?

I dont mean to be rude, but this is just from my past experiences listening to your advice,

 

[army judge]

You know, i dont mean to be rude, but ive used this forum for some time and im practicing law right now.

Every time you have given me advice on past cases, you were always completely wrong and i always won my case. Now you may be a law student or even a licensed attorney, but you may not be a very good one.

There is a case i studied from business law in there a man did this same exact thing, and he argued that it was "unconscionable" and won his case given the circumstances. ( Wish i would show you the case number, but sold my law book) He does have the right to file, why would he not want to have ONLY A chance to win?

I dont mean to be rude, but this is just from my past experiences listening to your advice,

The advice given isn't why you lost.

Okay, I tried.

One of the "mods" will be along and they may not be as nice as I tried to be.

Do what you do.

Do what you must.

 

[mightymoose]

There was a bill of sale written, nowhere in the bill of sale did it specify "as is".

It doesn't have to say that. Absent some kind of warranty by the seller it is an as-is sale.

He took the car to his mechanic to get it inspected after the purchase and the mechanic refused to inspect the vehicle.

He should have done the BEFORE he bought the car.

The car cannot be inspected so there is no way to register or insure it, so at this point it is a $2500 paperweight.

If you get the necessary repairs then you can get the inspection certificate.

Should he try to take this case to small claims court?

No, he will lose.

Could he do the repairs and bill the previous owner?

You could sent the previous owner a bill with a request to pay, but you would never be able to force him to.

Is there no legal action that can be taken, should he just cut his losses and have the scrap yard take it?

Not mmuch to do legally- he should have inspected the vehicle before he purchased it. There is nothing unique about htis- people regret their purchases all the time. He does not have to scrap it. He could do the repairs and keep the car.

 

[mightymoose]

I believe that you may have a case. You could argue that it is "Unconscionable" meaning the seller knew about this and deliberately sold the car in order to scam and fool you. This could be argued as a civil tort. I could go file, what do you have to lose? You only have to gain 2,500.

It is the buyer's responsibility to determine the condition of the vehicle prior to the sale. This lawsuit would have zero chance of success. The OP will just be wasting more money on court fees.