Small claims court - any experience???

patrice607September 29, 2006

We're going to small claims court to try to recoup some of the $1900.00 for a bad car (see posting re used car nightmare)

The car was advertised on the internet as being in excellent mechanical condition so we're suing for fraud under the Landham act. Would appreciate any tips/suggestions from any of you who have had a similar experience.

thanks!

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bill_h

here in the detroit area this type of thing, "curbsiders" selling cars goes on all the time. myself i dont see you getting anything. aprivate car sold as is, buyer beware. i had a freind who did this for years, still does on occaision, would buy a couple of cars from the auction or side of the street, clean them up resell them. he was taken to court twice that i know of, never had to pay a thing. one of the reasons i wont buy a car from a private owner, unless i know the person well. good luck, should just have your kid clean it up put it in the yard for 2500.00 or best. consider it a lesson learned.

    Bookmark   September 29, 2006 at 9:12PM
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gary__

**...should just have your kid clean it up put it in the yard for 2500.00 or best. consider it a lesson learned.**

Problem with that is he overpaid by several hundered dollars to begin with even if it were nice, at least according to the pricing guide I saw.

I agree it's a tough call in court. If the thing starts 8 times out of 10, rolls down the road when you put it in gear, and stops when you step on the brake, that could very well be enough to claim "excellent mechanical condition". Sounded like the complaint was mostly about rust.

The thing I'd check into if I were you going through small claims court is what happens IF you win and he still doesn't pay. I assume you already asked for your money back and he told you to go pound sand. Maybe he'll say the exact same thing even if presented with a piece of paper that says he owes you. Don't know. Something to check before spending court costs and emotional energy on it.

I think bill h has the best plan. Drive it till he can sell it or untill it drops. He may still get $1900 worth of use out of it anyway, plus a relatively cheep education on trusting strangers selling stuff.

    Bookmark   September 30, 2006 at 8:37PM
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