Question:

Can a private car buyer bring suit against the person they bought the car from?

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Hey guys, I bought a 1997 dodge avenger from this guy and he fixed it up so it'd run for the time being, then it pretty much just went out on me; engine and ignition problems. I'm wondering if there's anyway I can take him to court or something, even though it was a private sale? No contracts or anything obviously, thought I will consider them in the future, because this is creating a real hardship with me getting to work; and I need money for tuition in the fall. I live in Texas if that helps any. T

Thanks guys!

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  1. nope

    not without a contract or written guarantee

    what you can do is put his name and phone number on the car and tell people not to buy his crappy cars.


  2. Sure, but you'd lose.

    Private sales are not protected as such: "Buyer beware" or in legal terms "Caveat Emptor".

    The only time you can sue in a private sale, is if the seller grossly misstates the condition of the car.

    Without a contract stating any warranty or return period, you're stuck with it.

  3. Unless the seller specifically offered you a written guarantee you have no legal case against him. You bought the car

    "as-is" and at your own risk.

  4. Of course not!

    Private sales are always as-is with no warranty. You decided to go cheap and not have it inspected by a mechanic before you bought it so it's your fault and now your problem.

    You can talk to the guy and maybe plead with him that you need money for tuition. If he's a good guy maybe he'll buy it back at 50% or something.

  5. You could file suit against him in small claims, but he would win.

    All private vehicle sales like that are "as-is" unless you got something in writing to the contrary.

  6. Pretty sure that all private party sales are "as is" sales.  I would consult a lawyer for further information.

  7. you can take them to civil court and if the judge does decide to make a judgement against them they will have to pay you or it will stay on their credit score.

  8. Used car sales are assumed "As is - No Warranty"

    You could take them to court, however you will most likely lose.

    To win you would have to provide solid evidence that the seller concealed defects in the car.  This is usually extremely difficult to prove.

    My son has one of these.  His car is very unreliable also.  Expensive to repair too.

  9. you do have a certain contract of sale as a verbal contract was made when you agreed on the sale / purchase. Best contact a lawyer and see what they say as local laws tend to differ.

  10. AS-IS sale, sorry but you are out of luck.

  11. Generally, no. Used car sales from private sellers have no implied warranty. The risk is totally on the buyer when buying a used car. Leave the seller alone. He owes you nothing.

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