Q: Bought a car; motor blew immediately; recourse?
I recently purchased a car from a private dealer who advertised it as having no issues and running fine. However, immediately after I left with the car, the motor blew. There were no written agreements or warranties provided, and the seller assured verbally that the car was in good condition. I have some communication records between me and the seller. How should I proceed to address this issue legally?
A:
That’s a terrible situation to be in—especially after being told the car was in good condition. In South Carolina, private vehicle sales are generally considered “as-is” unless the seller knowingly misrepresented the condition of the car. If you can show that the seller made false claims about the car’s condition—especially if you have messages or texts saying it had “no issues”—you may have a case for misrepresentation or fraud.
Your first step should be to gather all evidence of what the seller told you, including any texts, emails, or listings. A mechanic’s report showing the damage and how soon the issue occurred can also help support your case. Then, write a formal letter to the seller explaining what happened and requesting a refund or contribution to repairs. Sometimes just showing that you’re serious and organized is enough to open a dialogue.
If they refuse to cooperate, you can file a claim in South Carolina’s small claims court for misrepresentation. The court will review your evidence and decide whether the seller’s statements created a false expectation about the car’s condition. Even without a written warranty, verbal promises can carry legal weight. You’ve got every right to pursue fairness, especially when the car failed the moment you drove away.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.