If wegave apartial payment on a car but now don’t want it due to its poor condition,is there anything that we can do?

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If wegave apartial payment on a car but now don’t want it due to its poor condition,is there anything that we can do?

We looked at a car that was listed on craigslist. We asked if there was anything wrong. We were told no. $900 was agreed upon.We gave him $800, the rest when we transferred the title. Then, it was noticed that the shifter was broken and the muffler had a hole. He said, oh yeah. Nothing to fix. We have tried for the last 4 days to meet with him to finish the deal. Never works. He insists on being there to transfer the title. We asked if we could take it to our mechanic to check it out. He said no. Now, we just want to forget the whole thing. He refuses to give us back our money. What can we do?

Asked on November 17, 2010 under General Practice, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am afraid that you may be out of luck.  There is an old adage "buyer beware" and that holds true here.  Your request to have the car looked at after you paid the money was poor timing.  It is obvious that the defects would have been found out.  But may I ask: who has the vehicle?  That part is a little confusing.  You paid - mostly - for the vehicle and if you have it in your possession then I would take it to the mechanic regardless of what he says.  You could try and sue him for "rescission" of the contract based upon fraud or misrepresentation.  You should try.  Probably small claims court would work.  Good luck.


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