My son bought a truck from a gentleman from Tennessee. The truck stopped running 2 hours after purchase.

Question

The truck has not ran since the day of purchase. He has tried to contact the seller but he will not answer so that my son could talk to him about the purchase. In my opinion the seller knew it was a lemon and put it off on a young man who didn’t know much about how to purchase a vehicle from an independent seller. I feel he was taken advantage of by the seller. The seller is out of Tennessee and my son lives in ky. He hasn’t had an opportunity to Evan have inspected because it will not start. I need to know what rights my son has to get reimbursed for his purchase. He’s out more than $10,000 for this vehicle. Now he can’t get to work without someone giving him a dose and in order to keep this job he has to have his own transportation, which does not work.

T. Augustus Claus · Answer

Typically, private vehicle sales are governed by the principle of 'caveat emptor' (buyer beware), meaning it's the buyer's responsibility to inspect the vehicle's condition before purchase. Lemon laws, which protect consumers against defective vehicles, usually apply to new cars or used vehicles under warranty, and might not be relevant in this private sale scenario. If the seller knowingly concealed major defects or misrepresented the truck's condition, your son might have grounds for a legal claim of fraud or misrepresentation. However, proving such claims can be challenging and would require evidence of the seller's knowledge and intent to deceive. Given the interstate nature of the transaction (seller in Tennessee, buyer in Kentucky), jurisdictional issues add complexity to the situation.

James L. Arrasmith · Answer

In your son's situation, where he bought a truck from an independent seller in Tennessee and the truck ceased to function shortly after purchase, there are a few legal considerations to keep in mind. Firstly, when buying a vehicle from a private seller, the sale is usually considered "as is," meaning the buyer takes the vehicle with all its faults, known or unknown. However, there are exceptions to this rule. 
 
If the seller knowingly hid significant mechanical issues or falsely represented the condition of the truck, your son might have a case for fraud. Proving fraud can be challenging as it requires evidence that the seller was aware of the defects and intentionally deceived your son during the sale. 
 
Another angle to explore is the Lemon Law. However, Lemon Laws often apply to new vehicles or vehicles that are under a certain age and mileage, and they typically do not cover private sales. 
 
Given the complexity of interstate private vehicle sales and the amount of money involved, it would be prudent to consult with an attorney who has experience in consumer law. They can help assess the specifics of your son's case, advise on potential legal actions, and help navigate the process of seeking reimbursement or repair. 
 
Documentation is key, so encourage your son to gather any records of the sale, communications with the seller, and evidence of the truck's condition upon purchase. This information will be invaluable if legal action is pursued.

Q: My son bought a truck from a gentleman from Tennessee. The truck stopped running 2 hours after purchase.