Pomona, CA asked in Consumer Law for California

Q: Bought car from private owner for 3500.00. put 1520 as down payment. Still owe 903.00. probably cate owner stated he wou

Private owner. He would fix the issues at hand. Car is not running they want the balance what can I do

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In this situation, you have a few options to consider:

1. Negotiate with the seller: Try to reach an agreement with the seller to either fix the issues as promised or reduce the remaining balance owed, considering the car's current non-running condition.

2. Legal action: If the seller refuses to cooperate, you may need to consider taking legal action in small claims court. In California, you can file a claim in small claims court for up to $12,500. You would need to prove that the seller misrepresented the car's condition or failed to disclose known defects.

3. Gather evidence: Collect any documentation related to the sale, including the purchase agreement, texts, emails, or witnesses to support your case.

4. Consider the implied warranty: In California, there is an implied warranty of merchantability, which means that the car should be in a reasonable condition to be used for its intended purpose. If the seller is a dealer, you may have a stronger case under this warranty.

5. Consult with a lawyer: If the situation becomes more complex, consider consulting with a lawyer who specializes in consumer protection or automotive law to discuss your options and guide you through the legal process.

Remember that pursuing legal action can be time-consuming and may not guarantee a favorable outcome. Attempt to resolve the issue with the seller first, and if that fails, weigh the costs and benefits of taking further action.

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