Does the seller have to pay for mechanical problems on my newlt purchased car, if he specifically said there wasn’t any when I bought it less than a week ago?

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Does the seller have to pay for mechanical problems on my newlt purchased car, if he specifically said there wasn’t any when I bought it less than a week ago?

I bought a used car from a private seller 4 days ago. I had 2 witnesses that heard from the seller himself that there was nothing mechanically wrong with it. Then 4 days later, the transmission went out and the transmission shop told me that the transmission went out. He also said that from the look of it, this wasn’t a sudden thing and that it looked like it was ready to go out at any moment for a while. Is there anything that I can do to not have to pay the transmission cost out of pocket since the main reason I bought it was because it was suppose to be mechanically sound?

Asked on August 7, 2012 under General Practice, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the seller of an item is required to disclose all known material matters with the item to all potential buyers affecting price paid and desirability. If the seller knew about the pending transmission issues with the car before you bought it and did not disclose such to you, such is concealment of a material matter. As such, he would be required to pay for the repairs. The issue is proving such knowledge before the sale.


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