If I purchased a vehicle 4 days ago from a private seller for $2900 but a mechanical issue was not brought to my attention, can I return it to for a full refund?

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If I purchased a vehicle 4 days ago from a private seller for $2900 but a mechanical issue was not brought to my attention, can I return it to for a full refund?

I bought the car out of state drove it back home, 90 miles away). There was no terms we agreed o;, he just wrote a bill of sale and gave me the registration. I registered the vehicle, 2 days later and now it is already in the mechanics for a head gasket leak. The parts are not so expensive but the labor is $330 for the job. Is it possible to return it since the car has not been in my possession longer than a week?

Asked on May 22, 2015 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there was no warranty or guaranty, the issue is: did the seller know (or under the cirucumstances, reasonably must have known) of the problem before he sold it but concealed that information from you? If so, then the seller may have committed fraud, and if he did, then you could rescind (undo) the sale (return car, get money back). (Though if the seller will not voluntarily do this, you'd have to sue to force him to.) But if the seller did not know of the problem or the problem developed after you bought the car, then the seller did nothing wrong, is not liable, and does not have to take the back. It does not matter that you had the car for a week or less--the issue is whether the seller committed fraud or not.


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