Albuquerque, NM asked in Consumer Law, Products Liability and Contracts for New Mexico

Q: Am I entitled to a refund if the seller did not disclose all issues?

I bought a car from a private party. The seller stated there were cosmetic issues but the car ran well. During the title signing, we found that it was a salvaged title, but the seller said there were no issues with the car. After everything was signed and we had possession of the car, we found major engine issues and that the car didn't lock. The seller said that we could sign the car back to them and they would refund our money, but when we tried, they backed out and said the sale was final. Is the seller required to give us a refund and take the car back since there was not full disclosure before the sale?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Products Liability Lawyer
  • Wyomissing, PA

A: As long as the issues are those that the seller knew about. Sounds like he halfway admitted. Send him a note that per your ealier discussions you'd like him to take the vehicle and title back. If he ignores file it in small claims court (magisterial district Court) for where he lives.

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