Return to the Cars Forum | Post a Follow-Up

 o
Small claims court - any experience???

Posted by patrice607 (My Page) on
Fri, Sep 29, 06 at 18:34

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!


Follow-Up Postings:

 o
RE: Small claims court - any experience???

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.


 o
RE: Small claims court - any experience???

**...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.


 o Post a Follow-Up

Please Note: Only registered members are able to post messages to this forum.

    If you are a member, please log in.

    If you aren't yet a member, join now!


Return to the Cars Forum

Information about Posting

  • You must be logged in to post a message. Once you are logged in, a posting window will appear at the bottom of the messages. If you are not a member, please register for an account.
  • Posting is a two-step process. Once you have composed your message, you will be taken to the preview page. You will then have a chance to review your post, make changes and upload photos.
  • After posting your message, you may need to refresh the forum page in order to see it.
  • Before posting copyrighted material, please read about Copyright and Fair Use.
  • We have a strict no-advertising policy!
  • If you would like to practice posting or uploading photos, please visit our Test forum.
  • If you need assistance, please Contact Us and we will be happy to help.


Learn more about in-text links on this page here