Used car ,Private seller,in NJ

[Charlie]

I realize this forum hasent seen any use for awhile ,but I'll give it a shot anyway.

03 GMC savana with 24000 miles

This all happened yesterday
I bought a car from a guy,I took it for a test drive then bought it 2 days later.
On my way home it was shakeing pretty bad so I called him and told him.
Then I took it to a auto repair place to balance the tires .Cost me $70
It turns out it was a bad drive shaft.
The seller said his wife said she hit something ,but he will fix it.
I have not yet tranfered the title
I just want my money back.
Do I stand a chance?
Are there any legal options

[Eagle]

Was the drive shaft damage done after you test drove the vehicle but before you picked it up 2 days later?

[Charlie]

Was the drive shaft damage done after you test drove the vehicle but before you picked it up 2 days later?

YES, It was done after I test drove it,and befor I picked it up.

[Eagle]

Seller had a duty to disclose this to you. He knew that you were relying on the condition of the vehicle as existed when you first test drove the vehicle. This is intentional misrepresentation at worst and negligent misrepresentation at best. Sellers actions also violated section 1-203 of the Uniform Commercial Code which states "Every contract or duty within this act imposes an obligation of good faith in it performance and enforcement." Every party to a transaction for the sale of goods must act in good faith. In this case seller was clearly not acting in good faith by not disclosing this change in material fact to you.

I would tell the seller that you want to rescind the transaction. You will give the vehicle back and he will give you the money back. If he says no then let him know you will sue him for misrepresentation (and seek punitive damages) and he will most certainly lose.

Hopefully, you have a witness to the important facts. It would also be a good idea if you could record any further telephone conversations with seller, or have a witness to it.

[Charlie]

Thats great to hear.
I have kept in touch with the seller and we are supposed to meet tomorrow morning at 8 am at his bank to get my money back.
I told him he could fix it and call me when it's done.
Actually I dont plan on takeing it back,I havent told him but I found out there was a front end collision with it .
At this point I just want my money back
Thank You so much for your time
Hopefully this will be done with tomorrw,I'll keep you posted

[Charlie]

I met the guy at the bank this morning and got my money.
of course I'm Very relieved thats over.
He dident want to give it up,,,
but he did.
He paid me $10.000 in $5's ,$10's and $20's. I dident care.
It was a very long week-end and I'm glade it's over.

I want to thank you again for your help.
Youur help made the weekend bearable
Thank You

[jff.law]

All states have different laws about this, most have a time limit, check with your DMV office. You should be able to cancel the sale and get back your dough.