What to do if my boyfriend and I bought a used car not even 2 weeks ago and now it needs a new transmission?

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What to do if my boyfriend and I bought a used car not even 2 weeks ago and now it needs a new transmission?

Today we were driving home and starting having some shifting issues. We went to a local transmission place and they in fact said its out tranny. Our car we bought used by a man and I was wondering if there is any law that we can use to make him help pay the bill of a new tranny or get our money back from him? This is an incredibly difficult thing for us.

Asked on January 2, 2013 under General Practice, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is whether the seller knew of the problem, or reasonably must have known (any seller  in his position would have known of the problem). If so, and he failed to disclose it, he may have committed fraud; if he committed fraud, that would provide a basis to seek monetary compensation from him, or possibly even to rescind the sale (return car; get money back). You could try suing him in small claims court, for example, if this is the case.

On the other hand if he did not know and had no way of knowing (for example: the shifting problem was not obvious when he owned the car), he would not be liable or responsible; his liability depends on his misrepresenting (lying) about the condition of the car.


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