Civil/Commercial Litigation (Lawsuits)/car scam

Advertisement


Question
Hi, i'm a resident in California and my situation involves a scam with a used car that was falsely advertized on a private party website for posted used vehicles.

The car advertized did not mention any major or minor work that was needed (motor, ect...). It was actually advertized as being in very good mechanical condition. The scammer also disconnected his phone immediately after the sale was made. And deleted his advertized posting on the webiste, craiglist.com.

What are my legal rights in this situation?
How can I subpoena or retrieve the records of the posted add from craigslist.com?

Answer
You asked: What are my legal rights in this situation?

Answer: You have a right to get the car you bargained for. If that did not occur, you have a right to either return the car or receive payment for the value difference between the car you bargained for (good condition) and the car you received (not good condition). If you can't resolve the issue with the seller, you can pursue resolution through litigation. For litigation, you should seek the advice of an attorney in your state or consider small claims court.

You asked: How can I subpoena or retrieve the records of the posted add from craigslist.com?

Answer: For this, you should hire an attorney. However, craigslist.com will probably refuse your subpoena, and you normally cannot force craigslist.com to provide the information you seek.  

Civil/Commercial Litigation (Lawsuits)

All Answers


Answers by Expert:


Ask Experts

Volunteer


A. Hall

Expertise

As a Minnesota litigation attorney, I can answer questions about initiating lawsuits, responding to lawsuits, civil procedure, discovery, depositions, evidence, trial, business litigation, and related litigation topics.

Experience

Aaron Hall is a licensed attorney, admitted to practice law in Minnesota state courts and the U.S. Federal District Court in Minnesota. Aaron Hall serves individual and corporate clients as a Minnesota business attorney in a variety of legal areas including as a business lawyer, contract attorney, tax attorney, and general legal services. Aaron Hall's experience includes service at the law firms of Fredrikson & Byron, Morrison Fenske & Sund, Foley & Mansfield, and Henningson & Snoxell. Aaron Hall also served as a judicial extern under the Honorable Paul A. Magnuson, United States District Court Judge, and as an adjunct professor at Concordia University teaching Introduction to Business Law, Business Law for Marketing Professionals, and Internet Law for Marketing Professionals courses.

Organizations
American Bar Association, Minnesota Bar Association, Hennepin County Bar Association, Minnesota Small Business

Publications
Associated Press, Star Tribune, Pioneer Press, Duluth News Tribune, William Mitchell Law Review

Education/Credentials
Aaron was awarded his Juris Doctor degree cum laude from William Mitchell College of Law, where he served on the William Mitchell Law Review. He was recognized on the Deans List for outstanding academics and received the CALI Awards of Excellence in Corporations and Alternative Dispute Resolutions courses. Aaron served as President of the Business Law Society and coordinated the establishment of the Corporate Appellate Law Moot Court. He was awarded his Bachelor of Arts degree in Marketing Management and Innovation summa cum laude from Concordia University in St. Paul, Minnesota.

Awards and Honors
Ten Outstanding Minnesotans, Minnesota Jaycees

©2012 About.com, a part of The New York Times Company. All rights reserved.