Asking for Recission of a used car sale
I purchased a used car. When I asked about what looked like a leak in the back window area I was told that the window was fixed and did not leak.
6 days later after a rainstorm, I found that the rear window does leak and water runs into the trunk. I contacted the seller, he claims no knowledge of the leak and told me that it’s too bad and that it’s a used car.
I ended up filing a small claims action against him.
1.) The response from their attorney is that I acted in poor judgement by naming the wife as a defendant and I have no basis in law to name her as a defendant . He stated that it is harassement. I said that I have every legal right to name the wife as a defendant since she legally transferred title. Am I justified in naming the wife as a defendant ?
2.) The bill of sale that the defendants made out does not include the wording “AS IS”, I feel that since they did not put the wording “AS IS” in the bill of sale that I can interpret that as an implied warranty of fitness based upon the fact that the husband told me the window does not leak. Is this a valid point to bring up in the mediation process?