LTLRDSS

iTrader: (2)

doesn't this fall under the lemon car law, that a seller can't sell a lemon car or a car with a known problem w/o telling the buyer

good luck getting your car back on the road and sorry to hear that happened

5.3LJimmy

iTrader: (10)

Because if I was the seller I would offer to help fix it or buy the car back. It's obvious that it had piston to valve contact, and that's not the buyers fault. I find it disturbing that you would laugh and tell him tough luck after selling him a ticking time bomb.

MrElectric03

iTrader: (71)

Lemon law applies to new cars, ofcourse laws may be different in other states but in CA used cars are sold as is unless a warranty is expressed or implied.

I had a similar thing happen to me. I sold a 94 Z28 that I owned for about a year and never had any major problems with to someone who expected a perfect car even though I told him about all the problems I knew about. Two days after this guy buys it, all of a sudden it catches on fire. He made a bunch of threats, took me to court, this is pretty much how the dialog went.

Judge to me:"Did you sell him a warranty"
Me:"No sir"
Judge to Him:"Did he sell you a warranty"
Him:"Na man"
Judge:"Great!, in the state of California a car is sold as-is unless a warranty is expressed or implied and agreed upon at the time of sale. Case dimissed"

Just find yourself a stock shortblock or LQ4/LQ9 and some heads and build it bigger and better

SLOW 94 LT1

iTrader: (4)

Depends on how long the previous owner actually drove the car. Say I sold him the car and I drove it for a year. Although you'd think you would hear PTV contact, lets just say for the sake of argument that the motor is quiet and you have no idea it's a ticking time bomb. Would you still offer to help him fix it then?

If you say yes, you're a sap.



Now, if I knowingly sold the car as a ticking time bomb, first off I would not have sold it to begin with. But if I had sold it as a ticking time bomb, yes I would offer some kind of reimbursement. Don't judge me before I set some kind of example.



Edit: Just for clarification, I am in no way involved with the OPs sale or anything.

02*C5

iTrader: (1)

This is where the law is in your side.

False representations and statements, made with a fraudulent design, to obtain " money, goods, wares, and merchandise " with intent to cheat.

The Nature Of The False Pretence.
When the false pretence is such as to impose upon a person of ordinary caution, it will doubtless be sufficient. But although it may be difficult to restrain false pretences to such as an ordinarily prudent man may avoid, yet it is not every absurd or irrational pretence which will be sufficient. It is not necessary that all the pretences should be false, if one of them is sufficient to constitute the offence. And although other circumstances may have induced the credit or the delivery of the property, yet it will be sufficient if the false pretences had such an influence that, without them, the credit would not have been given or the property delivered. The false pretences must have been used before the contract was completed.

What Must Be Obtained.
The wording of the statutes of the several states on this subject is not the same, as to the acts which are indictable. In Pennsylvania, the words of the act are, "every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by any false pretence whatever, obtain from any person any money, personal property or other valuable, things," etc. In Massachusetts, the intent must be to obtain "money, goods, wares, merchandise, or other things." Stat. of 1815. In New York, the words are "money, goods, or chattels, or other effects." Under this statute it has been holden that obtaining a signature to a note or an endorsement on a promissory note fell within the spirit of the statute and that where credit was obtained by false pretence, it was also within the statute.

The Intent.
There must be an intent to cheat or defraud same person. This may be inferred from a false representation. The intent is all that is requisite; it is not necessary that the party defrauded should sustain any loss.


Now if the guy "said" and what he "said" was not done to the car, he also made a verbal contract with you. For him to sell a car that had certain modifications that where not made and you agreeing to buy the car he said he was selling not the one he sold to you. So he lied. Now what will help your case is if he had an add listing these upgrades, and if 1 AND I MEAN ONLY 1 was not made he sold you a car under false pretense, and a verbal contract was made for such goods and he did not provide them. Now go get your money back.

Glad could be of help

Zerokube

iTrader: (4)

ive accidentally did that but hit 2nd instead of 4th at about 65/70mph and lost traction and low traction light came on briefly, car made god awful noises and seemed fine. kinda feels like a loss of power afterward. What could've i done?

Soul TKR

iTrader: (4)

did you contact the seller and let him/her know what happened? I'm curious to hear their response...

DaveX

For all we know he kept doing wide open passes and accidentally went from 2nd to 1st multiple times until it blew up. It is not the seller's fault if it was running good and not making any odd noises at the time of the sale.

airforcemanss

iTrader: (23)

sorry to hear that. this is one of the reasons why i bought my ss bone stock. you just never know what someone has done to it.

ToTheFloor

iTrader: (3)

The seller is a member on here. After I called him and told him what happened. He said he would come back and help me get it home. Then turned off his phone and was never heared from again. That made me mad. But I sill dont think he wanted to rip me off, because he drove it 3 hours to me.

DaveX

Well it's bad luck for sure and he shouldn't have told you he was on the way to help if he wasn't. That would **** me off more than anything. Unfortunately it's the chance you take buying a used car, especially a heavily modified one.

347fbody

i no there is even a private seller lemon law on motorcycles but not sure on cars..be worth checkin n2

Jon@Texas-Speed

iTrader: (18)

If the heads were stock, that shouldn't have been in issue unless they were milled. 5.3L heads have the same geometry as a 241, 243, etc. casting just a smaller chamber. However, if they had larger valves or something in them, that very well could have been the culprit. You can see some kind of relief/eyebrow in the piston. Usually contact between the piston and valve will leave a shiny spot like the piston with the hole in it. Those all appear to have carbon on them. It's hard to say.

Either way man, that sucks to hear on your new purchase. Let us know if we can help.

Jon

TooLateVTEC

iTrader: (2)

That sucks for sure man, good luck on the block not being jacked up.

Another note, you really need to pull the valves out of the heads and check them for straightness....looks like they may be/may have contacted the piston which is not good.

brandoz28

iTrader: (3)

did he trailer it that far to you or did he drive it? if he drove it i would say most likely he didn't know it was gonna grenade on you. anything can happen with a used car, especially a modified one

ToTheFloor

iTrader: (3)

He drove it to me

ToTheFloor

iTrader: (3)

Well the block looks like it is trash and you can see the head. So I guess the cheap way to get this back on the road is to find a used running motor and swap my good parts to that motor. Any thoughts... WHAT WOULD YOU DO??

02*C5

iTrader: (1)

I don't mean to be commenting out of order but if you are doing that then realistically you don't need to be driving to begin with.

"I'd try for a refund on at least the heads. Those are not ported at all. Sorry to hear about the carnage so soon after you got it" (1CAMWNDR)

I am sure that no one on this thread and any other thread is looking to make a dollar of some one that is not very schooled on cars. You can make the argument that the buyer should research better but when some one is out right looking to screw some one then there are ways of dealing with such scum with in the guidelines of the law.

9987ta

Now theres a solid guy! GEESh what a **** heel.....modded or not that engine should have lasted at least a few thous miles. Don't worry about it because it will come back to bite his azz.

Paint_It_Black

iTrader: (1)

No fault of the seller really.

Yes, the eyebrows in the adjacent pistons are carboned up, but the MS4 is on the ragged edge of "safe" and some comsider it "unsafe" as far as clearances go. Any sort of valvetrain instability or mis-shifts or rod bolt stretch, and things are going to touch each other. That's the price you pay running clearances as close as an MS4 gives. The fact that there's eyebrows with carbon in them shows that the contact has been happeneing for a long time. It just now happened to drop the valve. I'd be willing to bet a lot of owners with a big cam like the MS4 can pull their heads off and see some eyebrow marks.