Q: I bought a used car the guy assured me there was nothing major was wrong

A: Very sorry to hear about your situation. Buying used cars is difficult particularly if you are not mechanically inclined and cannot detect defects on your own. But lets talk about what you can do now. If you bought this from a dealer, you probably got a very limited EXPRESS warranty (meaning stated). Most dealers limit the warranty to 30 days or maybe if you were lucky, 90 days. If so, you have a warranty problem and need to take it back to the dealer to fix it.

But you never mentioned a dealer, so I assume that you bought the care from Joe Blow on the corner. Unfortunately, you have very little protection because Joe is not a retail operation.

You can sue him to cover the cost of repairing the transmission if you can show that he knew it was going bad, but the question then becomes one of proof and where you are going to get it. First, what did he tell you about the condition of the car? Next, what does the mechanic tell you is wrong with the car and how obvious was the problem? Finally, did Joe sell it to you "as is" ? Because if you bought it as-is then you don't get any kind of protection, like no implied warranties, and you are stuck with what you got.

In buying a used car, you always need to make a thorough inspection of all the working parts of the car. I got caught myself because I did not take a CD and the player did not work, but I did not find out during the warranty period. And I know better. So do not be too hard on yourself. If you don't know much about car mechanics, take someone with you who does know, or take it to a mechanic to have a check over, but that will be at your expense.

The opinions stated herein are based on the facts contained in the question and no independent investigation has been conducted. New or different facts could change these opinions substantially. DO NOT MERELY RELY ON OPINIONS POSTED ON A PUBLIC FORUM, CONSULT WITH AN ATTORNEY FOR IMPORTANT PERSONAL RIGHTS.

A: A California attorney could advise best, but your post remains open for three weeks. As a general matter, private sales often tend to be "as is." I'm sorry for the difficult situation the purchase has put you in, but unless the seller included some form of written warranties, assurances, or representations as to the sound mechanics of the vehicle, or took measures to conceal something or other deceitful or fraudulent actions, these situations tend to leave a buyer with little recourse. You could consult with a California attorney to see their take on it - they could give you the most meaningful assessment based on state law. But keep in mind that as a GENERAL matter in many of these private sale settings, it could sometimes be better to cut losses rather than compound losses in pursuing remedies that carry uncertainty. Good luck

Tim Akpinar