If I purchased a car in a private sale and it hasn’t run correctly after multiple attempts to fix it, can I take legal action?

The car was purchased 3 years ago. I initially told the seller it needed to be OBD II compliant to pass inspection and he assured me it was. However, it was not. We worked it out and I kept the car however the car wasn’t running correctly. I attempted to get the car fixed several times but no mechanic could fix it. I sent it back to the seller and he attempted to fix it and at first it was good for aout 6 months; later it again has the same problem. So it was never really fixed.

Asked on June 13, 2012 under General Practice, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, when a person sells an item, he or she is required to disclose all facts with respect to the item to a potential buyer that would impact desirability or price paid.

In your situation, if the seller disclosed all he or she knew about the vehicle before the sale to you, then you would not have any legal or factual basis to bring a legal action for problems with the car.

Whether or not you wish to take legal action concerning your car against the seller is your perogative. I suggest that you consult further with an attorney that practices consumer law. 


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