Shavings in oil
10-30-2007, 03:42 PM
#21
You need to speak with the seller and get some coin back from him. Small claims court might be in your future if he doesnt want to cooperate. He deals with the place where he got the motor from not you. 2- 3k is reasonable for him to refund you. You can have a sb built for 3500 from LME cheaper from other vendors.
There isnt a court in the world that will let the sale stand unless the sales slip says with blown engine on it. It is assumed it will last longer than 500 miles. I dont care how big AS IS is printed. This isnt criminal law and you dont need to prove guilt. You just need to show that is was not supposed to be a junk and was bought as such with the intent of having a good motor. Most people think they can wrap a turn in paper and sell it as a golden egg and get away with it if they say "as is". Thats not how it works. You can take them to small claims court get a few bucks back from them. Especialy within 3 days of a sale. There are laws that protect buyers especialy with big purchases.
There isnt a court in the world that will let the sale stand unless the sales slip says with blown engine on it. It is assumed it will last longer than 500 miles. I dont care how big AS IS is printed. This isnt criminal law and you dont need to prove guilt. You just need to show that is was not supposed to be a junk and was bought as such with the intent of having a good motor. Most people think they can wrap a turn in paper and sell it as a golden egg and get away with it if they say "as is". Thats not how it works. You can take them to small claims court get a few bucks back from them. Especialy within 3 days of a sale. There are laws that protect buyers especialy with big purchases.
10-30-2007, 03:48 PM
#23
No the lemon law is a 3 strike law that they have to take the car back for the third time for the same problem.
Some states have impluse buying laws. That give you 3 days to take it back on purchases over x amount of dollars.
This is just common sense and no judge in the world will let it sit. Motor blows on the way home ??? Take it to court if the seller doesnt want to cooperate. Simple as that. If he has a sales slip that say's bought with blown motor then the judge will say what do you expect. But if he says this wasnt suppse to be a bad motor and it died on my way home, the judge will see it differently. The intent was it was a good motor no matter how many times you say AS IS. Just becasue you write something on paper and sign it doesnt mean the law will recognize it.
The key phrse here is INTERPRETATION OF THE LAW.
And I agree insurance fraud will net you more trouble than its worth.
Some states have impluse buying laws. That give you 3 days to take it back on purchases over x amount of dollars.
This is just common sense and no judge in the world will let it sit. Motor blows on the way home ??? Take it to court if the seller doesnt want to cooperate. Simple as that. If he has a sales slip that say's bought with blown motor then the judge will say what do you expect. But if he says this wasnt suppse to be a bad motor and it died on my way home, the judge will see it differently. The intent was it was a good motor no matter how many times you say AS IS. Just becasue you write something on paper and sign it doesnt mean the law will recognize it.
The key phrse here is INTERPRETATION OF THE LAW.
And I agree insurance fraud will net you more trouble than its worth.
10-30-2007, 03:53 PM
#24
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Its not like he drove it down the street and it died, he drove it ~350 miles. The seller will say he probably beat the snot out of it after he took it and thats why it broke and the judge will probably believe that due to the type of car it is. You will have a very hard time getting any money in court.
10-30-2007, 04:08 PM
#25
I'm not going to argue with anyone about it. He is a victim and has rghts that are protected by judges. IF he doesnt attempt use the system it cant work for him. I've seen shops have to pay for charging to much mark up on a part so dont think you know it all. This is exactly what small claims court is for. If the seller says if broke becasue he beat it then he needs to prove he beat it. He says he never took it over 5k. The engine came from a junkyard. Its more likely than not the engine was bad and failed due to being from a junkyard. If the seller of the car bought it from the junkyard and the junkyard said no guarantees on it working and the seller just stuck it in there and sold the car. The seller is liable. You assume risk as a seller as well even though you dont want to think you do.
I've stated the facts, not much more I can do. I'm out of this thread.
I've stated the facts, not much more I can do. I'm out of this thread.
10-31-2007, 12:10 PM
#27
Dude, there is really nothing you can do. You bought a used motor without any type of written warranty. If this motor was intented for a reliable daily driver, you shoudl have bought something with a warranty. At this point, chalk it up in the lessons learned column and move on.
Keith
Keith
10-31-2007, 12:35 PM
#28
Dude, there is really nothing you can do. You bought a used motor without any type of written warranty. If this motor was intented for a reliable daily driver, you shoudl have bought something with a warranty. At this point, chalk it up in the lessons learned column and move on.
Keith
Keith
10-31-2007, 12:39 PM
#29
just go out with a hammer and screwdriver and hammer a hole in your oilpan, then call your insurance company and tell them you hit something and all your oil leaked out and it blew your engine. They will cover that.
I had a freind hit a rock in his car, it gouged a hole in his oilpan and blew the engine, the insurance company covered it.
I had a freind hit a rock in his car, it gouged a hole in his oilpan and blew the engine, the insurance company covered it.
10-31-2007, 01:04 PM
#30
just go out with a hammer and screwdriver and hammer a hole in your oilpan, then call your insurance company and tell them you hit something and all your oil leaked out and it blew your engine. They will cover that.
I had a freind hit a rock in his car, it gouged a hole in his oilpan and blew the engine, the insurance company covered it.
I had a freind hit a rock in his car, it gouged a hole in his oilpan and blew the engine, the insurance company covered it.
#2- if you get a smart adjuster, they can see it wasnt a rock. i.e. denied claim and may have charges brought on you.
#3- IF all works out, and you actually get it through for a claim. Since the company paid out for damage, its considered a At Fault Accident, its a surchargeable incident and the policy rates will be high for at least 5 years and the amount of the surcharge may = the amount of the loss....
10-31-2007, 04:32 PM
#31
The engine came from a junkyard. Its more likely than not the engine was bad and failed due to being from a junkyard. If the seller of the car bought it from the junkyard and the junkyard said no guarantees on it working and the seller just stuck it in there and sold the car.
Here's Texas Law:
http://www.oag.state.tx.us/AG_Public.../usedcar.shtml
Even a dealer who sells "as is" has no responsibility for repair.
A private owner has even less obligation.
and from Texas Consumer Protection Laws:
http://www.weblocator.com/attorney/tx/law/c05.html
Used Vehicles
Used vehicles are not covered by the Texas Lemon Law, but used car purchases are governed by the Deceptive Trade Practices - Consumer Protection Act. For example, it is illegal under the Act for a car dealer to entice customers to buy cars by falsely advertising that the dealer is going out of business. It also is illegal for the dealer to make false or misleading statements regarding the reasons for a price reduction. A dealer also may not try to get a consumer to buy a vehicle by failing to disclose information about the car which, if known, would make the consumer unwilling to buy the car. For example, any car that was returned to a manufacturer after a hearing under the Lemon Law must include a notice providing this information to any potential buyer.
The only warranties that accompany a used vehicle are those expressly provided by a dealer or an unexpired manufacturer's warranty. Therefore, it is extremely important for a consumer to thoroughly inspect a used automobile before purchase, and discuss whether the car is covered by any warranty. Federal law requires that all used cars sold through dealers must indicate on the buyer's guide or window sticker whether the car is being sold with or without a warranty. The buyer's guide should clearly state whether the vehicle is being sold "as is" (without any warranty) or "warranty" (with the specific provisions of the warranty listed on the window sticker). Consumers should closely inspect the tires, suspension, engine, drive train, steering, brakes, and interior. In fact, it is probably wise to have a mechanic conduct the inspection.
If he was lied to, and told the motor was the original, there would be a problem, but the seller did not try to hide anything nor fail to disclose information.
Last edited by Asmodeus; 10-31-2007 at 04:46 PM.
11-02-2007, 06:08 PM
#32
the motor got torn down and....
spun 2 rod bearings
2main bearings
crank is gone
2 rods gone
cylinder bore scratched
oil pump dead
flang on oil pan broken, I was told that the pan needed a gasket and that RPM changed it but all they did was put putty over the crack
lifters have metal shavings in them
the block is possibly gone to. I will find out tomorrow
so possibly a brand new shortblock whitch is $3k
they said the motor was on its way out when I bought it
spun 2 rod bearings
2main bearings
crank is gone
2 rods gone
cylinder bore scratched
oil pump dead
flang on oil pan broken, I was told that the pan needed a gasket and that RPM changed it but all they did was put putty over the crack
lifters have metal shavings in them
the block is possibly gone to. I will find out tomorrow
so possibly a brand new shortblock whitch is $3k
they said the motor was on its way out when I bought it
