Posts Tagged ‘seller’

can i get a private seller to pay for repair under false pretense of a used vehicle?

May 3rd, 2010

Ok this is my story..

I saw this ad on craigslist and it was for an 05 car. The add said GREAT PRICE want to sell today, so it had an amazing price and thought i should jump on this. So i called the individual, we met up, test drove the car, and everything seemed fine. So i called her the next day and said let’s do this!
The next day we met at a post office and got a note notarized basically saying that there is no debt on the car (because it was just paid off and the pink slip is being sent by the loan provider), that the pink slip will be given within two weeks, and also that if i crash the car it is my responsability. Ok so both sing, i give her the money, and she gives me the keys. So i take off from the parking lot and not even three street lights later the car starts over heating???
conincidence? I think not!
So i called her and said what’s going on? she said that has never happened to me, “it is a new car.”
I take it to the mechanic and they said that it has a potentially blown head gasket, and he said that definetly does not happen over night and especially in a series of minutes after a transaction.
So leading me to the conclusion, that
1 there was something wrong with the car before
2 she lied about the car not having anything wrong with it
3 the check engine light is on
4 it will not pass smog in california
5 it is a unsafe vehicle.. ON THE DAY OF THE TRANSACTION

so i had to get it towed to my house and i have all proof that i did not drive it that day (obviously a unsafe vehicle).

futhermore, it is by state law in california that the seller is responsible for the smog! (if a seller sells a car that does not pass smog, that is againts the law)

can anyone please help me or if i have wrong information about state laws, please help me!

(this just happened to me!)
i did read something about the dmv not having to smog a vehicle if it is not older than four years old. futhermore, i have the ad that says car is in good condition. From my knowledge, good condition does not mean a huge mechanical problem.

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What are the costs to the seller if closing is delayed by one day?

March 10th, 2010

We’re buying a house and our loan is cleared to close, but our lender just let us know that because our APR has changed since their first set of disclosures, they are legally required to give us new disclosures and a 3 day period before the loan can fund. This is a weird law, since the rule is ostensibly to protect us from last minute increases but the APR actually went down (due to the seller agreeing to contribute to closing costs), but so it is. The consequence is that closing will now be one day later than agreed in the purchase agreement.

The seller has already wired her money to escrow, and apparently the one day delay will make her costs increase a little bit. I assume we will pay the difference, since the delay is on our end.

So, my first question is, what will the increased costs be? I assume it is one day’s worth of her mortgage and insurance – is there anything else? She’s not buying another house so there’s no risk of messing up a deal for her.

My second question is, will we need to get a new addendum signed changing the closing date and/or specifying that we’re going to pay the one day’s costs (once we know what they are)?

Thanks very much!
This is in the state of Oregon, where lawyers are not typically involved. We aren’t working with a lawyer or a mortgage broker, just the lender, a title company/escrow (neutral party), and a realtor who is unfortunately a bit of a dimwit.

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