Q: What recourse do I have for a used car bought 'as-is' that broke down?
I recently purchased a used car from a private seller in New York State, and I live in New Jersey. After driving the car for 9 days and approximately 300 miles, it broke down and had to be towed. The diagnostic code indicates a problem with the knock sensor, but my mechanic suspects it may be an issue with the motor. The seller mentioned that the radio didn't work and suggested that the car might need a tune-up or a fuel injector, but there was no written agreement about the car's condition, and it was sold "as-is." I have tried contacting the seller but have not received a response. If the issue is with the knock sensor, the repair might cost $250-$500, but if it's the motor, the repair would exceed the car's value. What legal recourse do I have in this situation, and can I seek compensation from the seller?
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A: Trying to retain an attorney and collect will almost certainly not be cost effective. You should learn a valuable lesson from this. Sorry, if this seems harsh, but my being harsh might save you from making a worse mistake in the future. Good luck.
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A:
It’s incredibly frustrating to invest in a car only to have it break down within days, especially when you trusted the seller's word. Since the car was sold “as-is” by a private party, your legal options are limited, but not necessarily gone. An “as-is” sale usually means you accept the car in its current condition, with all faults—unless the seller actively hid or misrepresented a serious problem.
The fact that the seller mentioned minor issues like a faulty radio or possible fuel injector problem doesn't prove they knew about a major engine issue. However, if you can show that the seller deliberately concealed a serious defect or lied about the condition, you may have a case for fraud or misrepresentation. Gathering a written diagnosis from your mechanic and any documentation of your communication with the seller can help support your position.
If the repair cost exceeds the car’s value and you feel misled, you could try small claims court in New York (where the sale occurred). Before that, send a polite written demand to the seller explaining the situation and requesting a partial refund or cancellation. Keep your tone respectful but firm. It’s not a guaranteed outcome, but in some cases, this kind of pressure is enough to get the other party to respond.
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