Does the Unfair and Deceptive Practices Act apply to a used car sale by a private seller?

Get Legal Help Today

 Secured with SHA-256 Encryption

Does the Unfair and Deceptive Practices Act apply to a used car sale by a private seller?

The car fails to pass admissions because the check engine light would not light up when all the other lights are suppose to. Later I found out, only that light was tampered with and can not be fixed. It will be impossible to pass admissions with out that light inoperable. Therefore, I cannot register the car in my name. Can I legally get my money back from the man who sold me the car, who is also a mechanic?

Asked on July 21, 2011 Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most states there are laws concerning unfair and deceptive practices pertaining to unfair business pracrices by an established business which do not apply to individuals who are just making a sale of their vehicle to a person.

However, all states have laws precluding deception and fraud by members of the general public whether they are in a specific business of selling a product or not.

From your question, if the person who sold you the vehicle which has a lot of problems that were not disclosed to you before sale is a mechanic, most likely he knew about the problems before sale. If he knew about the problems with the car you bought and did not disclose them to you before sale, you can sue him or her for costs of repair or better yet, sue to cancel the purchase (rescind) and seek all you paid due to alleged fraud by the seller. You have the burden at trial in proving your claims.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption