Craigslist Vehicle purchase undisclosed damage

[nikefiz]

I have seen other cases here where you guys have said people could sue for fraud or misrepresentation... Why would this not be the instance in this case?

 

[jiggy78]

Because you specifically agreed the car was as-is. What did you think that meant?

 

[Mass_Shyster]

I have seen other cases here where you guys have said people could sue for fraud or misrepresentation... Why would this not be the instance in this case?

Sure, you can sue for fraudulent misrepresentation. I doubt you'll win, but you can always try.

 

[OHRoadwarrior]

I have seen other cases here where you guys have said people could sue for fraud or misrepresentation... Why would this not be the instance in this case?

Unless the seller purchased the car new, you would need to prove he had knowledge it was wrecked, for starters.

 

[nikefiz]

ok, so if I found out he purchased it damaged to fix and re-sell...
Could I have a case ? Or would me signing the bill of sale " as-is " still matter even though he didn't disclose the damage ?
And at what point is it considered undisclosed damage - is there a price or percentage on it ?
Tell me how I could win or how I would possibly lose

SOrry for all the questions.. I just really want to get my ducks in a row before I spend the lump sum retainer fee to pursue this if possible

 

[sandyclaus]

"AS-IS" on a bill of sale is just about as done as you're going to get.

It was YOUR responsibility to have the vehicle inspected prior to purchasing. You chose not to. If you had hired your own mechanic and gotten the car inspected, you would have known exactly what was and was not wrong with the vehicle. You could have used that information to make an informed decision as to whether or not to purchase the vehicle, and whether or not the asking price was fair given the vehicle's condition.

Once you signed off on the bill of sale saying "AS-IS" and completed the purchase, you no longer had any recourse against the seller - because you accepted the vehicle "AS-IS", with all it's faults and issues.

You do not have a case. At. All. Feel free to spend your money on an attorney if you are still unsure, but it's almost a certainty that they will tell you the same thing - and charge you to do it.

 

[OHRoadwarrior]

Your problem is even if you could prove he bought it wrecked to fix and flip, you would need to overcome the AS-IS burden, in comparison to the claims of the ad. The word wrecked, by definition implies destruction or ruin. You do not indicate the vehicle had any significant body damage repaired or anything other than one segment of the frame suffered damage. This could have been the result of curbing the wheel. As you indicate it was not a major problem and fixable. Many auto manufacturers now specially design components to crumple, so they can be replaced.