Question

John decides that he wants to buy a more modern car. Fortunately, his neighbour Fabio is looking to sell his 2013 Peugeot car. They agree that the price should be $20,000 and John pays Fabio the total sum in cash. As he is driving the car out onto the street, John leans out the window and asks Fabio if the car is good in city traffic. Fabio replies that the car runs smoothly in city traffic and that John will have no problems with it. John is driving in the city through heavy traffic and notes that the engine revs and overheats. John takes the car to a mechanic who tells him that the car is a high-performance vehicle and does not travel well at low speeds. Can John sue Fabio for breach of this assurance?

Answer 1

John may have a legal basis to sue Fabio for breach of warranty or misrepresentation, depending on the specific details and laws in their jurisdiction. The outcome would depend on factors like the nature of the conversation between John and Fabio and the local consumer protection laws.

• Express Warranty: If Fabio made a clear and specific statement that the car runs smoothly in city traffic, and John relied on this statement when making the purchase, it could be considered an express warranty. If the car does not perform as warranted, John might have a legitimate claim for breach of warranty.

• Misrepresentation: If Fabio provided false information about the car's performance capabilities, knowing it to be inaccurate or being reckless about the accuracy of the statement, it could be considered a misrepresentation. If John can prove that he relied on this misrepresentation and suffered damages as a result (e.g., repair costs), he might have a case for misrepresentation.

• Local Consumer Protection Laws: Consumer protection laws can vary by jurisdiction, so it's important to consult the specific laws in the area where this transaction took place. Some jurisdictions have strong consumer protection laws that may favor John's position.

However, if Fabio can demonstrate that he genuinely believed the car was suitable for city traffic and the overheating issue is due to John's usage or negligence, he might have a defense against John's claims. The specific circumstances and evidence presented would play a crucial role in determining the outcome of any legal action.

John should consult with a legal professional who can assess the details of the case and the relevant local laws to provide guidance on whether he has a valid legal claim against Fabio.