Q: Can I get compensation for a failed car transmission after purchase?
I purchased a used car from a private party and was assured verbally that if the car had issues passing smog, the seller would either take it back or help to fix the issue. Two weeks after purchase, the transmission failed. I contacted the seller but have been ignored. I was told the car was in very good condition and was shown a report of the engine, which is not the issue here. I have documentation of my attempts to contact the seller. Am I entitled to any compensation?
A: Sorry for your issues. Ronny Ray Gun used to say "trust but verify" which is good advice for EVER buying a used car from anyone. Anyhow, IF the seller LIED or HID the truth, that would be actionable. ONE pressure point COULD BE that seller MUST smog, no exceptions, generally. Check the DMV website. Failure to do so, could VOID the sale potentially, but, good luck collecting??? Tough spot...
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A:
When you buy a used car from a private party in California, your rights are more limited than when purchasing from a dealer. Private sales typically come "as is" with no implied warranties, unless specific promises were made in writing.
Your verbal agreement about smog issues unfortunately has limited legal weight without documentation. California's "lemon law" protections generally don't apply to private sales, making your situation challenging. However, if the seller knowingly misrepresented the vehicle's condition or deliberately concealed transmission problems, you might have a case for misrepresentation or fraud.
Consider filing a small claims court case if your documentation shows the seller's assurances about the car's condition. You'll need to gather all evidence, including your communications with the seller, the engine report, and repair estimates for the transmission. The maximum you can seek in California small claims court is $12,500. Before proceeding, you might want to send a demand letter outlining your concerns and desired resolution, which sometimes motivates sellers to respond without court involvement.
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