Illegal - Breach of contract?

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snapril68

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My boyfriend bought a car in February from a friend. Basically his friend gave him his 1995 Honda Accord in exchange for his 2003 Kawasaki Ninja bike. We took the loss in money because we were in desperate need of a car. Recently we got pulled over and was cited because the officer explained the exhaust was illegal (whcih we had no knowledge of). So we took the car to Midas to get a quote on how much would cost to change the exhaust and when they lifted the car they told us there was no catalytic converter on the car which is illegal and that his friend legally should not have sold us this car and that he was in breach of contract. So basically what we want to know is if this is the case then do we have legal rights to take back the bike and give him the car since he sold us this car without a converter on it? His friend says he wasn't aware the car didnt have a converter but from what we were told that doesnt matter, that since it was legally his car before ours that it was his job to know what was on, or not on, the car before selling it? His friend is refusing to give the bike back and take the car back. Do we need to contact an attorney? Also I'm told the car is only worth about 1200.00 and from what a few mechanics have told us there are several things wrong with the car and we are looking at almost 2000.00 to fix this car. I'm wondering also if he sold us a lemon and if so what kind of case do we have here? Can you please help us with this?! :confused:
 
Go ahead

Certainly, you have the legal right to take back the object of your contract from the other person.
To do this, you must consider to refer your case with an attorney who have vast expertise in civil litigations.
Your primary cause of action is for annulment of contract due to vitiation of consent. Though apparently, the contract appeared consummated, still this is debatable. The essential component of the contract which is the consent of both parties are wanting on the case (as it was vitiated).

Lemon Law may not apply in these case. Anyway what is the name of your state?
 
We live in Washington State. Sorry I forgot to mention. So what your saying is we have legal rights to take back the bike and give him the car back. That the contract is void because the car doesn't have a converter? Also his friend has already put the bike in his name. We have not put the car in our name yet because he has not given us the title to the car? Is it still too late to get the bike back because its in his name? Or do you think we can still get the bike back if we were to take him to small claims court?
 
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