Question: I bought a used car from a private owner, and before I could take delivery he wrecked it. What can I do?
November 22, 2005
Hello Tony
I had applied for a car loan on a private party car sale and got approval right away. The sellers price was below what he already owed and he ended up paying a substantial difference to clear his loan off.
His only clause before delivering the vehicle was that his loan had to be cleared before making delivery. I totally agreed to it as I understood his position. Once his loan cleared (4 days after my loan had started) I gave him directions on how to get to my place.
While en-route to my home he crashed the car. He called me to tell me the bad news and that he would pay for the repairs on the car with a regular repair shop. I really like the car and he seems like a very good person.
My questions to you are:
What should I do about receiving a car that when I bought it had no defects?
Should I ask for something in return, now that the car may be on Carfax as a pre-crashed and may not re-sale as well?
Should I ask him to have the car taken to a neutral party to have it inspected before delivery?
The car will be in the shop for awhile and I declined an offer of a rental for that period. I really don't need another vehicle to get around. I'm already stuck with the new car loan, I will welcome any suggestions you may have.
Sincerely,
Francisco M.
Answer:
Hi Francisco,
Well, first you want to make sure the car is being repaired by a reputable, professional body shop. If I were you I would
absolutely demand - in a nice way of course - that the car be put back exactly as it was when you bought it.
You should make sure the car doesn't have any major structural damage to the frame or the suspension. While these types of repairs can be done correctly, it's hard to find a shop that will make these kind of repairs properly.
When the car is finished YOU should take it to a neutral, professional shop and have the work inspected to make sure it was done properly. If any questions arise get the previous owner to handle the problems.
I would ask the previous owner to guarantee in writing that he will be responsible be any future problems arising from the wreck.
Of course, the only way you could ever force him to do anything he doesn't want to regarding the car is to take him to court. I'm
sure you don't want to have to do that, but you should cover yourself by getting something in writing from him.
Beyond that I don't know what else you can do.
Good luck!
All my very best...
Tony Iorio
For 
