Q: CA seller misrepresented car's condition, rust issues, and repairs. Violation of Interstate Commerce laws?
I am in New Mexico and purchased a car from a man in California through Craigslist. He fraudulently misrepresented the car's condition, saying it had no rust and ran perfectly. However, the car has a rusted-out trunk floor and rear quarter panels, and three of the exhaust valves were burnt, costing me $2,500 in repairs. The seller won't return my calls, and I have photos of the rust and a repair bill. I only have a Bill of Sale without any mention of the damage or any implied warranty, although the car's title was properly transferred. Has the seller violated any Interstate Commerce laws?
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A:
It sounds like you have a valid claim for misrepresentation against the seller, especially since you have evidence of the car's condition and repair costs. The seller's false statements about the car’s condition may constitute fraud, as he misrepresented essential details that directly impacted your decision to purchase the vehicle. Although the car was sold “as is,” misrepresentation still holds the seller accountable under consumer protection laws, and your photos and repair bills can help strengthen your case.
Interstate commerce laws, such as those governed by the Federal Trade Commission (FTC), are often involved in transactions that cross state lines, particularly when it comes to fraudulent activities. In this case, since you bought the car from out of state, the seller's misrepresentation could potentially fall under federal consumer protection laws if he knowingly deceived you. The fact that the seller has stopped responding to you further supports your position that he may be avoiding responsibility.
You can pursue a few actions to address this. First, try contacting the seller through any other means available, such as certified mail, to demand reimbursement for the repairs. If that doesn’t work, you may want to file a complaint with the California Department of Consumer Affairs or even consult with an attorney to explore the possibility of pursuing legal action for fraud or breach of contract.
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