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Just bought used car only to find out bad motor. Any recourse?

This is a discussion on Just bought used car only to find out bad motor. Any recourse? within the Consumer Complaints forum, part of the BUSINESS & FINANCE LAW category; I feel real stupid! We bought a used 1995 Olds Aurora last night. It seemed in fine condition when we ...

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Old Mar 28th, 2007, 09:34 AM   #1
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Default Just bought used car only to find out bad motor. Any recourse?

I feel real stupid! We bought a used 1995 Olds Aurora last night. It seemed in fine condition when we first looked at it. But... it over heated twice on the way home. My mechanic just looked at it this morning and most likely it has a cracked engine block!

Legal question here is... since I bought it from a private party do I have any legal recourse to get my money back? We haven't even had it 24 hours yet.
Also worth mentioning, I gave a money order for 1300.00 to her finance company and paid her cash for the bal. (1660.00 total.) Even if I won in small claims they may not HAVE the money.
Would I have to somehow prove in small claims they knowingly sold us a bad car? My mechanic can attest to the fact the engine LOOKED very clean. Only UNDER the clean part you can see caked up old rust where water was spraying all over. Probably for awhile.

Is there any recourse at all here?

Damn why do I have to learn EVERYTHING the hard way! (Yes I know, should have had the mechanic look at it FIRST!)
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Old Mar 28th, 2007, 11:04 PM   #2
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Default re: Just bought used car only to find out bad motor. Any recourse?

You can return it if it was an immediate problem and/or if you think they purposely hid material defects from you etc.

You could also threaten to sue in small claims court.
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Old Mar 29th, 2007, 09:01 AM   #3
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Default re: Just bought used car only to find out bad motor. Any recourse?

OK, I need more help here.

I talked with a few lawyers willing to spend some time. Both said I need to sue both the mom, (name on title) and her son who misrepresented this car.
In order to serve them I need their addresses.
Now.... I have the sons name, his cell number, his home number, and all are unlisted. I do not have HIS address. He knows I'm going to file so not even going to bother asking him.
I have the mothers as it's on the title but not his.

NO lawyer can answer this. Do I HAVE to supply his address? Surely mom knows where he lives. And this information can be had if you pay a fee.
I just got off the phone with the deputy who does the serving and mostly all she told me is "I cannot give legal advice, I'm not a lawyer." But she THINKS I could put down the information I have and offer to pay additional IF they have to look it up.

Any thoughts on this? ASAP I hope. I want to file today.
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Old Mar 29th, 2007, 09:08 AM   #4
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Default re: Just bought used car only to find out bad motor. Any recourse?

You need to find an address for him that is a real address he uses. Online search firms can often find it; also check with his friends, job etc.
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Old Mar 29th, 2007, 09:20 AM   #5
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Default re: Just bought used car only to find out bad motor. Any recourse?

Yea.... another lawyer actually just called me back and said the same thing. Nuts. Guess I need to shell out a few bucks and pay for that. Oh well.
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Old Mar 29th, 2007, 10:00 AM   #6
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Default re: Just bought used car only to find out bad motor. Any recourse?

Hey, know what? I'm not going to have BOTH of them served. That car belongs to the mother. I gave the mother the money. It's HER car. It should be HER responsibility to bring in HER witness right????
I'll put all that down on the papers and see.
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Old Mar 29th, 2007, 06:31 PM   #7
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Default re: Just bought used car only to find out bad motor. Any recourse?

that should work!
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Old Jun 15th, 2007, 11:46 AM   #8
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Exclamation re: Just bought used car only to find out bad motor. Any recourse?

Hi,

Well I tried. Even took my mechanic along to court. But... we got a ditzy (blond) young woman judge who knew NOTHING about cars. And I DO mean nothing. My mechanic did a fantastic job of explaining all the technical reasons why this car HAD the problem before we bought it, and how it was impossible that this person wouldn't have known. But... in the end, she explained that it is very difficult to win a case of a car sold by a private individual. It would have to be proven there was a fraud involved. And of course the defendant lied and claimed they drove the car all the time. Well yea! My mechanic even EXPLAINED that this car would run fine for about six miles even without any coolant before it would overheat and that's all they ever did. So, the judge had to rule they didn't know and I should have had it checked over first. I swear I was looking for that lightning bolt about to strike this liar in the head as he stood there and lied through his teeth! The ass!
Buyer beware for sure!

So this car is on our lawn for sale. But WE will disclose the problem. UNlike that stinking ****head.

Car lists at some 2500.00 IF it runs. We paid 1600.00 So if we can recover any of that we'd be happy. Someone might be able to fix it and want to try. It's a nice car if it didn't need this head gasket. But definately a car for some handy mechanic.

Oh well. Live and learn.

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Old Jun 18th, 2007, 05:55 PM   #9
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Default re: Just bought used car only to find out bad motor. Any recourse?

Well that is good advice and i will do so before buying my next car.
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Old Aug 17th, 2010, 10:51 PM   #10
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Default re: Just bought used car only to find out bad motor. Any recourse?

Art maker your not alone 1995 honda civic test drove it, clean and drove it home friday, sat drove 1/2 mile to put gas in it and car wouldn't move, automatic no 4th drive gear or reverse 1200.-2000. for new tranny not even 24 hrs.
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