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?

UPDATED: Jun 13, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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. 

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.

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