Los Angeles, CA asked in Contracts, Lemon Law and Products Liability for Hawaii

Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no overheating issues" when directly asked, the car overheated five hours later, due to a bypassed and damaged coolant system. It was advertised that the a/c compressor was new, however the part had rust, a sign of age. When test driving the car, it made no unusual sounds; however, after driving at freeway speeds for an extended period of time, a knock progressively got louder underneath front side of car. Seller advertised "tires in good condition" but upon diagnosis, it was found that the lug nuts on the front tires were loose and about to fall off, with potential to have caused serious injury to myself and others.

1 Lawyer Answer

A: You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an extended period of time." Get some second opinions before you try to sue.

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