Whelp, needless to say, I’ve been swindled. Nice guy like myself, who woulda thunk.
I purchased This car, as described in the ad, needing only bodywork, for my girlfriend. The ad says (in case its deleted):
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“1999 Silver Mercury Cougar with 69,000 miles on it. Was in front end accident just needs front bumper clip, lights, windshield and airbags. Car is in mint condition inside and out besides front end. Car runs just needs parts. Would also part out car if interested. Make me an offer I NEEEED this car gone now! call or text 7xx-3xxx.”
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I pad for the car and made out a reciept that says;
"This is a reciept for the payment of $700 from (me, the buyer) to (seller) for a 1999 Mercury COugar (VIN)on (date of transaction) Signed, (my signature and sellers signature).
Upon picking up the vehicle today, I was unable to move the shifter out of park. A local forum member came to lend a hand, and discovered the transmission was damaged, leaking fluid all over the place. The vehicle was not as described and misrepresented in the ad, and I do not wish to purchase the vehicle under those conditions.
The seller refuses to refund after asking politely and explaining the situation (without accusation). I intend to take them to small claims in a very civilized manner, as I’m only trying to cover my own ass, and being that I’ve already wasted my valuable time and money.
I believe I have a case should they not want to resolve out of court. What I would like to know (and it would help all of us) is what rights as a buyer do I have under these circumstances. Does Lemon Law only cover cars sold by a dealer? What about consumer sold vehicles?Are they any other laws that protect me from something sold under misrepresentation? I would like to bring as much to the table as possible.
Car was inspected for the damage as stated in the listing. The car ran, again as described in the listing. I returned with a tow dolly and only then discovered the tranny was destroyed. This occured in a very small timeframe. It wasnt buyer ignorance, it was seller misrepresentation and disclosure.
I have very little interest in pointing and blaming. I am interested in knowing the rights and laws revolving around a vehicle being sold without full disclosure, lemon laws, consumer protection, etc etc as I am in the motions of filing a claim. Thank you.
Yeah there is no lemon law except when sold by a registered dealer. All private transactions in new york are assumed as-is condition. I know it seems like you were screwed but not to sound like an ass- what do you expect for 700? I completely understand just wanting to be told the truth, but for that amount of money you always have to assume that you are only being told half of what is wrong with the vehicle. Btw, is it possible he did not know that the transmission had been damaged in the accident and already spent the money since he needed it so bad?
Good idea. In the time it takes you to bulk up, he’ll forget about you, and you’ll be less of a suspect. Then, one day he’s enjoying a good night’s sleep, and them BAM! Cinder block.
You sell the car for whatever you can get, use the money and buy as many Vuvuzelas as you can, find a bunch of people to play them, and then sit in front of his house for a few hours.