How to Prove a Breach of Contract in a Car Purchase

Buying a car requires a legally binding contract. This contract states that the seller certifies the vehicle as being in a certain condition, while the buyer agrees to pay a set amount for said car. The seller can easily cancel the contract if the seller refuses to honor the contract. The buyer will need to do a bit more work proving that the seller has breached the contract by not delivering the vehicle in the stated condition.

Instructions

1

Review the original sales contract. Focus on claims of functionality in throughout the contract. Highlight these claims.

2

Take the car to an ASE-certified mechanic on duty at a licensed garage. Tell him that you suspect a problem with the vehicle. Pay the mechanic to inspect the car and write a report of all defects or damage.

3

Review the report with the mechanic. Photograph every defect on the vehicle as he points them out to you.

4

Make a list of all of the defects. Add details to the list. Give the list to the mechanic for review and his signature.

5

Leave the car at the garage throughout the process. Get an invoice from the mechanic for storage charges.

6

Approach the seller with your list and photographs. Demand a refund in exchange for the vehicle. Base your demand on a breach of contract. Quote the contract where it says that there are no functional defects on the car.

7

Visit your local court clerk's office if the seller refuses to cancel the sale. File the necessary paperwork with the clerk to file a claim against the seller. Provide copies of list, your photographs and the original contract as evidence.

8

Attend court and contest the validity of the contract. Ask the judge to award a refund plus court costs and storage fees.