Smiths Station, AL asked in Small Claims for Alabama

Q: Can I sue to get my money back if it’s an “as is” type purchase?

I bought a used car from a private owner who lives in Georgia (we live in Alabama). He sold it to us for $5200 but ended up giving us $400 back the day of the sale because he forgot to tell us that the title was in the hands of a used car dealer instead of him & that I’d have to pay the fees. I handled the business with the title- the used car dealer said the individual made a mistake (screwup) when he signed the back of the title from the person he purchased it from & had to complete an affidavit to correct the mistakes. The used car dealer then made the sale agreement between his motor company & myself for less than the purchase price given to the individual. The total fee charged was $430, I had to pay the $30 out of pocket. I got the vehicle added to my insurance (expense I expected), had to register it ($267). A week later I’ve paid $95 to replace two tires, $100 for defective alternator, $198 for new alternator & $200 for installation. Now there’s electrical issues beyond repair.

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1 Lawyer Answer
Kristine Jones
Kristine Jones
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. Thank you for your question. It sounds like you purchased the car in Georgia. Because purchase was in Georgia, Georgia state law would control the remedies available to you. If you had purchased in Alabama, Alabama is a "buyer beware" state. Meaning, as is purchases are final once money exchanges hands. So in Alabama, you would be stuck with the car. Seeking counsel in Georgia would be your next option. Best of luck!

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