If I bought a used car and it broke down less than 10 hourslater, ifthere was no “as is” clause in the contract canI sue?

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If I bought a used car and it broke down less than 10 hourslater, ifthere was no “as is” clause in the contract canI sue?

Is he liable? I had to get towed, was out in the cold for hours now I have 100’s in repairs, tow fees, and hotel bills. He doesn’t want to pay. Can I sue?

Asked on March 1, 2012 under General Practice, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you bought a used car "as is' from a private party and you can prove that the private party did not disclose all known problems with the vehicle before you bought it to you, you would have a basis for bringing an action for concealment. The measure of your damages would be the tow charges and the costs of repair.

I suggest that the mechanic who has fixed the vehicle be consulted as a possible expert witness as to its problems and possible knowledge of the problems by the seller.


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