Do We Have Any Recourse? We bought a van yesterday that was a GREAT deal ~ or so we thought.?

Question

This morning it clearly has a transmission problem, which will cost A LOT to fix. We were looking to get a safe & reliable car since I will be taking care of an elderly person and a disabled, which we discussed from the guy we bought it from (private owner).

Since we just got it yesterday and it has a MAJOR problem, does the guy have to take it back (and give us our money back)?

We're in Washington State ~ Thanks!

Answer 1

I agree with the first answer above.  But act FAST - some contracts can be canceled with no penalties if you return the item within 3 days.  I don't know whether that applies to the purchase of a used vehicle from a private owner.  But to be on the safe side, take it back now.  

Answer 2

You definitely have recourse. That is a major problem and he must have been aware of it. You can take him to small claims court, depending on how much you paid for it. That's fraud! Now you know why you got such a great deal. The guy scammed you - but since it was just yesterday, it's not like you drove it for 3000 miles before deciding something was wrong with it. If it's that obvious, take it right back!

Answer 3

Not to lecture, but ALWAYS get a mechanic to check out any car before you purchase, especially from a third-party.

No, there is no "72-hour, 3 day" return policy. Common misconception on here. This law does not apply to vehicle purchases. He does not have to give you your money back nor take the car back. All private party vehicle sales are "as-is", and your only recourse is small claims court. However, you'll get into a "he-said, she-said" battle of hearsay, and the law's on the side of the seller. Without any written guarantee or proof that he knew of the issue, you're stuck. Very small chance of winning in court.

I hate to be the one who rains on the parade of earlier advice, but there is no return policy on used vehicles purchased through private party. Only advice is to call the guy and calmly try to work something out with him. However, he can legally tell you to "buzz off".  

Answer 4

There is NO 72 HOUR cooling off period in any state.  That myth just keeps getting legs.  The only exception is CA where you can BUY a three day return policy.

Unless there was a specific warranty made in writing you are sunk.  And unless he said "this car has a new transmission",  and put that in writing you are sunk again.

Only option is to talk to him and ASK if he will work with you.  If not, repair your car, and get an inspection BEFORE buying hte next one.

And to note one other answer - you cannot stop payment on the check. That is terrible advice.  that means you are committing theft by deception.  You are passing a fraudlent check, and that is a felony.  So dont even consider cancelling the check, or you will be entering a world of pain.

Answer 5

If you paid with a personal check you could try stopping payment or taking all the money out of the account so it bounces.   I know of twice people have stopped payment on checks to private sellers and the seller had to take the vehicle back or be out the money.   Then talk to the old owner and tell them they can have the van back, but you aren't paying.  Most states have a buyer beware policy for private sellers.  Unless you can prove it was bad when you bought it, it may be tough to fight it in court.  Not sure what the laws in WA are, but sounds like you have a fight on your hands. Sorry.

Answer 6

Pretty much, ElGrande is right on.

Enjoy your van.

You signed the papers to do just that.

As for the vehicle being misrepresented, you can prove that case IF the seller provided a detailed inspection report that gave the van a clean bill of health.  Not disclosing any fault--even IF (s)he knew about them--does NOT qualify.  You'd have to prove that much, anyway.  Good luck there!

Answer 7

No he does not. Private party used car sales are always "as is". You had the opportunity to inspect the vehicle before you bought it and should have done so. If you wanted a risk-free experience, you should have bought a new vehicle from a dealer, where you are protected by a warranty.

And to the misguided individuals who keep telling people they have 72 hours to change their mind - YOU ARE DEAD WRONG! There is no right to a "cooling off period", "right of rescission" or "buyer's remorse" in ANY state. Car sales are always final.

You bought a used vehicle from a private party and have no recourse whatsoever. Get it fixed or sell it to another sucker.

Answer 8

I am not sure if WA has a 72 hour cooling off period- you need to check that with maybe a simple call for free legal advise listed in the phone book.  But if the car was misrepresented, you have legal action in small claims court if it came to that.