Q: I bought a used car for $5,000 but faced registration issues and significant repairs. Can I sue the seller for a refund
In December of the previous year, I acquired a vehicle from a private individual. However, due to issues from the seller's end, I have been unable to register it with the DMV. I've been using the car, but in July, its catalytic converter was stolen, leading to a $4,000 replacement cost. More recently, the car's electronic system and spark plugs malfunctioned because of its age, adding another $1,500 in repair estimates. Given these predicaments, I'm contemplating legal recourse against the seller, either for the purchase price and subsequent expenses or a straightforward refund while returning the car without its converter.
A:
In New York, used car sales between private parties are generally considered "as is," meaning you would typically take the car with all its faults, unless there was an express written warranty or the seller made specific misrepresentations that you relied upon in purchasing the vehicle. The registration issue may offer grounds for action if it was due to the seller's failure to provide a clear title.
For the mechanical issues, unless you can demonstrate that the seller knew of and concealed the defects, it may be challenging to hold them liable after the sale. You could consider small claims court for a sum up to $5,000 if you believe you have evidence of misrepresentation or fraud. Before proceeding, it may be wise to gather all records of communication, receipts, and any repair records to substantiate your claims. If you do choose to pursue legal action, keep in mind that the burden of proof will be on you to show the seller's wrongdoing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
