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-Craigslist Fraud (Used Vehicle) Texas

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  • dkstaub
    Whether fraud exists is always a question of fact, and your facts are not particularly strong in your favor. Even if the car is in terrible shape, the seller only committed fraud if he made statements that he knew were untrue when he made them and you reasonably relied on those untrue statements to your detriment.

    You say "Basically he told me the car needed no fixing except for maintenance" but you also say that "The advertisement does not state what is working and what is not." So it is your word against his that he made any representations at all with respect to the condition of the car. Oral statements between two people with no other witnesses may be difficult to prove.

    Even if he did make a statement that the car needed no fixing, unless the seller knew that statement was false, there is no fraud. Unless he took the car to a mechanic and knew of the problems, it is possible that he was simply uninformed. Under some circumstances that might be a breach of contract, but not fraud.

    Finally, there is the question about the test drive. You said that the engine wobbled the whole time. That arguably should have alerted you to the fact that there may be potential mechanical issues with the car. Even if the seller's representation about the condition of the car was untrue, you are not entitled to rely on his representation if it flies in the face of the facts. For example, if a seller tells you that the body of the car is in perfect shape but there is an obvious dent in the passenger side door that you see when you climb into the car for the test drive, you would have no argument that he committed fraud because you saw the dent yourself. You can't rely on a statement when you know or believe it to be untrue.

    Relying on your own assumption that "it was in perfect working order and well taken care of" does not establish fraud. The fact that you are inexperienced in buying used cars is also not the seller's issue. It is not up to a seller to educate a buyer. The fact that you are in a hurry to buy a car is also not the seller's problem.

    The fact that you are willing to pay more than what the car is worth in light of the repairs needed is also not the seller's problem. For example, if a seller sells you a car for $7,500 and you discover that the blue book value was only $4,000, that is not fraud. The seller is free to set his price and a buyer is free to decide whether or not he is willing to buy at that price.

    I suggest that you talk to a local attorney who can ask you more specific questions about the facts, but from what you have said here, it seems like a long shot.

    By the way, Texas, like all other states, has lemon laws to protect buyers of new cars and some used cars that are still under the manufacturer's warranty. You have not said the age of the car, but from your description of the problems I assume it is an older car and not covered by the lemon laws.

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  • legit
    started a topic -Craigslist Fraud (Used Vehicle) Texas

    -Craigslist Fraud (Used Vehicle) Texas


    Before I get to my problem just wanted to say how much I appreciate that this website exists and genuine people help answer questions or concerns others may have about the law. I can't express in words how great you all are since my last post on the subject, even life changing help I might say.
    (Skip to bold please)

    Ok, so here I go
    Earlier yesterday (8/21) I was looking to buy an extra car for personal use since I would normally share a reliable vehicle with my wife and things were coming up with family and school that I was forced to buy another vehicle for myself to work before this coming Monday.
    I only bought one car in my life and it was a 2013 Nissan my wife purchased a Corolla years ago for her school before we met and ended up with her mom because we moved into our own place and she needed it more, which was about the time I bought the Nissan

    So I was trying to be cheap since I don't have a lot of money and most of it went towards the 13' Nissan plus savings towards a house in the near future
    Never bought a used car before, never have I used Craigslist nor did I know if it was smart to go to CL for a used car I was in a rush because we were preparing for someone to move in Saturday as well

    The advertisement does not state what is working and what is not, I assumed it was in perfect working order and well taken care of reading the lay out of the ad Of course I knew it was not a new car So I called the guy to arrange negotiations, he did not want to disclose the vehicle in his property, instead he wanted us to meet near a local business of his choice Once we met he talked to me right away about the car and kept repeating himself at times, then proceeded to test drive the car and had me convinced it was running smoothly because somehow I agreed with him... even tho the engine would wobble the whole time... So then I gave him the cash in envelope and decided to put gas in the vehicle when I noticed other things he did not mention which would have been important for me deciding if I wanted the car or not Basically he told me the car needed no fixing except for maintenance, I was losing hope in those 5 minutes of transition while pumping gas so I called him back telling him I had second thoughts, he then blew me off and that's when I decided to go to a mechanic right away, then I was told the vehicle had major problems that needed fixing asap I was almost at tears and my wife devastated that people like this existed Repair cost are the same as what I paid for the car Now I am at a loss, my wife threats to drop out of all her classes I feel like he scammed us for what the cars really worth and me being dumb to fall for it, Is there anything I can do? I am willing to pay $2,000 for lawyer fees if necessary no problem, just want this guy to know we can do something about his Fraud

    If you read all this you don't know how thankful I am to know there's hope for people in my situation. Just trying to put as much detail as possible, I don't think I can sleep until I find the answer I need but can provide more info if I missed out anything that may seem important -Any input really would put me at much more ease and my wife as well
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