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Car Purchase Legal Recourse
Summary
You may have grounds for a claim based on misrepresentation or breach of contract if a car was sold with undisclosed issues. Indianas small claims courts handle disputes involving amounts up to $6,000. Gather all necessary documentation, including the sales contract, communications, and evidence of the cars condition. Even with an as is sale, fraudulent misrepresentation can override this. You can file a claim in Hamilton County Small Claims Court. Ensure the defendant is properly served with court papers. Check public records for any past lawsuits involving the seller.Full Conversation
alex
Hi Alex! How can I assist you with your legal issue today?
I purchaced a car from noblesville Auto Gallery they said it was inspected, which was not true because the odometer did not work and the salesman later admitted to knowing
Hey Alex, sorry to hear about your situation. That's definitely concerning. It sounds like you might have grounds for a claim based on misrepresentation or breach of contract.
- Misrepresentation: False statements made by the seller about the car's condition.
- Breach of contract: Seller's failure to fulfill the promises made regarding the car's inspection.
Have you considered contacting the Indiana Attorney General's Consumer Protection Division or the Better Business Bureau for assistance?
- Misrepresentation: False statements made by the seller about the car's condition.
- Breach of contract: Seller's failure to fulfill the promises made regarding the car's inspection.
Have you considered contacting the Indiana Attorney General's Consumer Protection Division or the Better Business Bureau for assistance?
I have contacted both and neither are able to help so I have to sue them if I want any money back
Hey Alex! Sorry to hear you're dealing with this. Given the situation, you might consider small claims court for a case like this. In Indiana, small claims courts handle disputes involving amounts up to $*,*.
Have you gathered all the necessary documentation, like the sales contract, any communications, and evidence of the car's condition?
Have you gathered all the necessary documentation, like the sales contract, any communications, and evidence of the car's condition?
Yes, I have all of that already. It was sold as is, but even then am I legally in my rights to sue since I misrepresented the car made all statements and then sold me gap insurance, and a warranty that was voided as soon as I left a lot because the odometer doesn't work.
Hey Alex! It sounds like you have a strong case for misrepresentation and breach of contract. Here are a few key points to consider:
- Misrepresentation: The seller knowingly provided false information about the car’s condition.
- Breach of Contract: The warranty being voided due to the odometer issue suggests the seller failed to meet their obligations.
You can file a claim in Indiana's small claims court for amounts up to $*,*. Ensure you have all documentation like the sales contract, communications, and any evidence of the car’s condition.
Phone: (*) *-*
Address: * Hamilton County Square, Noblesville, IN *
Website: www.hamiltoncounty.in.gov
Have you considered consulting with a local attorney for a more detailed review?
- Misrepresentation: The seller knowingly provided false information about the car’s condition.
- Breach of Contract: The warranty being voided due to the odometer issue suggests the seller failed to meet their obligations.
You can file a claim in Indiana's small claims court for amounts up to $*,*. Ensure you have all documentation like the sales contract, communications, and any evidence of the car’s condition.
Hamilton County Small Claims Court
Phone: (*) *-*
Address: * Hamilton County Square, Noblesville, IN *
Website: www.hamiltoncounty.in.gov
Have you considered consulting with a local attorney for a more detailed review?
I have. I've contacted over * attorneys and none of them are willing to represent me.
Hey Alex! Given that no attorneys are willing to take your case, you might want to proceed with filing a claim in small claims court yourself. Here are steps you can take:
- File a Case: Visit the Hamilton County Small Claims Court.
- Prepare Evidence: Organize your documentation, including the sales contract, any communications, and evidence of the car's condition.
- Self-Representation: You can represent yourself in small claims court.
Would you like more information on how to file a small claims case in Indiana?
- File a Case: Visit the Hamilton County Small Claims Court.
- Prepare Evidence: Organize your documentation, including the sales contract, any communications, and evidence of the car's condition.
- Self-Representation: You can represent yourself in small claims court.
Would you like more information on how to file a small claims case in Indiana?
yes'
Sure thing, Alex! Here's a step-by-step guide on how to file a small claims case in Indiana:
- Fill Out Forms: Obtain and complete the necessary small claims forms from the Hamilton County Small Claims Court or their website.
- Filing Fee: Pay the required filing fee. Fees vary, so check with the court for the exact amount.
- Submit Forms: Submit your completed forms and fee to the court. You may do this in person or by mail.
- Serve the Defendant: Ensure the defendant (Noblesville Auto Gallery) is properly served with the court papers. The court can guide you on approved methods of service.
- Prepare for Court: Organize your evidence, including the sales contract, communications, and any proof of the car's condition.
Would you like details on what to expect during the court hearing?
- Fill Out Forms: Obtain and complete the necessary small claims forms from the Hamilton County Small Claims Court or their website.
- Filing Fee: Pay the required filing fee. Fees vary, so check with the court for the exact amount.
- Submit Forms: Submit your completed forms and fee to the court. You may do this in person or by mail.
- Serve the Defendant: Ensure the defendant (Noblesville Auto Gallery) is properly served with the court papers. The court can guide you on approved methods of service.
- Prepare for Court: Organize your evidence, including the sales contract, communications, and any proof of the car's condition.
~Hamilton County Small Claims Court
Phone: (*) *-*
Address: * Hamilton County Square, Noblesville, IN *
Website: www.hamiltoncounty.in.gov
Phone: (*) *-*
Address: * Hamilton County Square, Noblesville, IN *
Website: www.hamiltoncounty.in.gov
Would you like details on what to expect during the court hearing?
What are the odds of me winning my case in the state of Indiana
Hey Alex! Your chances of winning your case in Indiana's small claims court are fairly strong, especially since you have documented evidence supporting misrepresentation and breach of contract. Here are some factors that could work in your favor:
- Clear Misrepresentation: The seller admitted to knowing the odometer issue.
- Breach of Contract: The warranty was voided due to undisclosed issues.
- "As Is" Clause: Even with an "as is" sale, fraudulent misrepresentation can override this.
Would you like more information on what to expect during the court hearing?
- Clear Misrepresentation: The seller admitted to knowing the odometer issue.
- Breach of Contract: The warranty was voided due to undisclosed issues.
- "As Is" Clause: Even with an "as is" sale, fraudulent misrepresentation can override this.
Would you like more information on what to expect during the court hearing?
yers
Hey Alex! During the court hearing, here's what you can expect:
- Opening Statements: Each side presents their case.
- Presentation of Evidence: You’ll present your documentation (sales contract, communications, evidence of car's condition).
- Witness Testimony: You and the defendant may call witnesses.
- Judge's Questions: The judge may ask questions to clarify points.
- Closing Statements: Each side sums up their case.
Would you like tips on how to present your evidence effectively?
- Opening Statements: Each side presents their case.
- Presentation of Evidence: You’ll present your documentation (sales contract, communications, evidence of car's condition).
- Witness Testimony: You and the defendant may call witnesses.
- Judge's Questions: The judge may ask questions to clarify points.
- Closing Statements: Each side sums up their case.
Would you like tips on how to present your evidence effectively?
yes
Hey Alex! Here’s what to expect during your court hearing:
- Opening Statements: Both parties may briefly outline their case.
- Presentation of Evidence: You’ll present your documents and any witnesses.
- Defendant's Turn: The seller will present their side.
- Judge's Questions: The judge may ask questions for clarification.
- Closing Statements: Brief summaries from both parties.
- Judgment: The judge will make a decision, which might be immediate or later in writing.
Would you like tips on how to present your evidence effectively?
- Opening Statements: Both parties may briefly outline their case.
- Presentation of Evidence: You’ll present your documents and any witnesses.
- Defendant's Turn: The seller will present their side.
- Judge's Questions: The judge may ask questions for clarification.
- Closing Statements: Brief summaries from both parties.
- Judgment: The judge will make a decision, which might be immediate or later in writing.
Would you like tips on how to present your evidence effectively?
No thank you how many times has Noblesville Auto Gallery been sued before?
Hey Alex! Unfortunately, I don't have access to specific litigation histories of businesses like Noblesville Auto Gallery. However, you can check public records at the Hamilton County Clerk's office or online databases for any past lawsuits involving them. This might give you an idea of their legal history.
Would you like guidance on how to access these public records?
Would you like guidance on how to access these public records?
please
Case Rating: *
Sure thing, Alex! Here's a quick guide on how to access public records for past lawsuits involving Noblesville Auto Gallery:
*. Visit the Hamilton County Clerk's Office: You can request records in person.
*. Online Databases: Check Indiana's online court records system (mycase.in.gov).
*. Request Records: Provide specific details like the business name and relevant dates.
Would you like more detailed steps on using the online court records system?
Sure thing, Alex! Here's a quick guide on how to access public records for past lawsuits involving Noblesville Auto Gallery:
*. Visit the Hamilton County Clerk's Office: You can request records in person.
*. Online Databases: Check Indiana's online court records system (mycase.in.gov).
*. Request Records: Provide specific details like the business name and relevant dates.
Would you like more detailed steps on using the online court records system?
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