Friend bought a used car using cash and broke down on 3rd day?

Question

my friend makes a long of stupid decisions in her life, but this tops it. she bought a used car from a guy in the newspaper. she paid 1000 cash. she never got a receipt that she paid him, and no paperwork except this car registration from the previous owner from a year ago. he had never put the car in his name. she doesnt even know where he lives, she had only went to his house location one time and forgot where the location was. all she knows is his first name and last name. she paid to do a background check but no address came up, and he doesnt return her calls anymore. she wants to take him to small claims court but doesnt know what to do

Answer 1

$1,000?  Big deal.  Sell the car to a junkyard and move on.

Answer 2

Your friend is not going to get any money back from the guy if she sues him. She's got no receipt and no proof of ownership. As far as any court is concerned, she didn't buy the car, and the all the guy has to say when she takes him to court is "I didn't sell it to her for $1,000, I traded it for a pack of cigarettes" and she loses. Since she has no proof she paid for the car, and he had no proof he owned it, your friend is up a creek.

And as others have said, even if it was a legal purchase, she has no warranty on a used car. It's "as-is", no matter what. It could've broken down pulling out of the guy's driveway, and it's still her problem, not his.

If she REALLY wants to keep the car, she need to contact the person on the registration, and ask if the car is still titled in his name. If it is and he tried to sell it (i.e., it wasn't stolen), he can have a duplicate title printed up, and ask him to transfer it into her name. Then, your friend can fix the car or whatever.

Anyway, there is ABSOLUTELY NO WAY your friend is getting a penny back for this car. She needs to take it as a lesson learned and move on.

Answer 3

So the problem is that she can't get ahold of the guy to get the title?  Or that the car broke down?

If she bought a car used and he gave her no form of warranty, then there's nothing she can do about it.  She'd have to prove some type of fraud, and it would be her word against his.  If she goes to small claims court and he doesn't show up, then she would win by default.  Maybe it's a fake name?  The BMV should have his information.  Honestly, it's only a thousand dollars.  It's not worth getting a lawyer over.  So the only thing she can do is take him to small claims court, though it's doubtful she'll recover any costs.

Answer 4

She needs to fix her car.

All used car sales are AS IS.  There is no warranty; no right to return; no do-overs.  Unless this seller gave her a written guarantee of some kind, she is finished.

fix the car.

this is why we tell people over and over and over - get it inspected BEFORE you hand over your cash

Answer 5

Too bad for your friend. It doesn't matter if she paid with cash, bushels of wheat or seashells. She bought a car from a private seller and has no recourse. Private vehicle sales are "as is". She should have had the car inspected before buying it. Now it's too late. He doesn't have to return her calls. It's her problem now.

Sorry if this sounds mean, but this is how it works in the real world.

Answer 6

Even if she had a receipt, most used cars are sold "as is."  This means the seller implies no warranty.

He would still have to give her a receipt so she can register the car.

Answer 7

You bought it as is. Therefore there is nothing you can do.Stop wasting your time trying. Just make sure it's not a stolen vehicle. Live and learn. Really  what did you expect for a $1000?

Answer 8

Yup one more in the long list.

Good luck with your friend...