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i bought a vehicle from a private owner cars engine blew up shortly after

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shaneswigs

Junior Member
What is the name of your state (only U.S. law)? West Virginia

I bought a car from a private owner for 3200 dollars(1500 in cash and 1700 in a check) and the title was never sent to the state to change owners. I drove the car not even 20 miles, which was on my way to the dmv to get things transferred to my name, and the engine spun a rod bearing. I called and told the previous owner what had happened and why it had happened (the car was 4 quarts low on oil) he told me it was my problem now, which is when I went and cancelled the check and told the prev owner I had cancelled it. They haven't tried to communicate with me for approximately 2 weeks until Saturday when they told me they were talking to their lawyer and wanted to know my mailing address. Now my question is, is there anything protecting me as the consumer?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? West Virginia

I bought a car from a private owner for 3200 dollars(1500 in cash and 1700 in a check) and the title was never sent to the state to change owners. I drove the car not even 20 miles, which was on my way to the dmv to get things transferred to my name, and the engine spun a rod bearing. I called and told the previous owner what had happened and why it had happened (the car was 4 quarts low on oil) he told me it was my problem now, which is when I went and cancelled the check and told the prev owner I had cancelled it. They haven't tried to communicate with me for approximately 2 weeks until Saturday when they told me they were talking to their lawyer and wanted to know my mailing address. Now my question is, is there anything protecting me as the consumer?
So you didn't even check the oil on a car you just bought?
What *might* protect you (from both civil AND criminal liability) is if you call the seller back, apologize profusely and offer to pay the original amount, plus the attorney fees he's incurred so far.
 

shaneswigs

Junior Member
I didn't check the oil because it was a daily driver, I was informed the vehicle leaked a quart of oil every 2-3 weeks which they also said they checked every sunday. I have known this family for approximately 15 years and I had nothing but good things to say about them until this happened.

Again the vehicle is still in their name via the state, and your telling me there's nothing I can do? A friend of mine was with me when we went to the dmv and he can verify the car never went above 60 mph while I was driving.

I understand you are trying to help in a way but isn't there a kinder way to present your statement?


I also tried for 2 weeks to figure something out between us but I received no response in return, then out of nowhere I get that they are talking to a lawyer and want to know my mailing address.
 
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Zigner

Senior Member, Non-Attorney
I didn't check the oil because it was a daily driver, I was informed the vehicle leaked a quart of oil every 2-3 weeks which they also said they checked every sunday. I have known this family for approximately 15 years and I had nothing but good things to say about them until this happened.

Again the vehicle is still in their name via the state, and your telling me there's nothing I can do? A friend of mine was with me when we went to the dmv and he can verify the car never went above 60 mph while I was driving.

I understand you are trying to help in a way but isn't there a kinder way to present your statement?


I also tried for 2 weeks to figure something out between us but I received no response in return, then out of nowhere I get that they are talking to a lawyer and want to know my mailing address.
Out of NOWHERE? You stiffed them (possibly criminally) for $1,700.00 and have now refused to make good on the money you owe for two weeks. I'm surprised it took them this long.
 

Mass_Shyster

Senior Member
You were angry that the car died, so you committed an illegal act. Would it be OK if you broke into their house and took back the cash you paid them?
 

shaneswigs

Junior Member
Yes out of nowhere they didn't try to talk to me about it, they still tried to cash the check 3 days after I told them I had cancelled it. I told them I wanted my money back and they can have the car back but again there was no response to that.


How would you feel if you had bought a car didn't even get to the dmv to transfer the title into your name and the car blew up on you not because of something you did but because of neglect from the previous owner? For all I know the car was already on its way out the door and I was in the wrong place at the wrong time.

They didn't truthfully tell me what all was wrong with the vehicle (tire goes flat every 2 days, told me after the fact that the engine had jb weld on the backside of the head where you can't see, and they SWORE nothing was ever done to the vehicle while they owned it but I found receipts for headgasket and timing belts since they bought the vehicle).


so yes out of nowhere because i tried to comminicate with them but to no avail

BTW as it says in your sig 10 minutes of talking now can save you months of headaches**************..they made no attempt to talk I was the one asking them to talk and even so still WOULDN'T talk
 

Zigner

Senior Member, Non-Attorney
Yes out of nowhere they didn't try to talk to me about it, they still tried to cash the check 3 days after I told them I had cancelled it. I told them I wanted my money back and they can have the car back but again there was no response to that.


How would you feel if you had bought a car didn't even get to the dmv to transfer the title into your name and the car blew up on you not because of something you did but because of neglect from the previous owner? For all I know the car was already on its way out the door and I was in the wrong place at the wrong time.

They didn't truthfully tell me what all was wrong with the vehicle (tire goes flat every 2 days, told me after the fact that the engine had jb weld on the backside of the head where you can't see, and they SWORE nothing was ever done to the vehicle while they owned it but I found receipts for headgasket and timing belts since they bought the vehicle).


so yes out of nowhere because i tried to comminicate with them but to no avail

BTW as it says in your sig 10 minutes of talking now can save you months of headaches**************..they made no attempt to talk I was the one asking them to talk and even so still WOULDN'T talk
I'm sorry you don't like the accurate answers you are receiving.
Your stubbornness is going to cost you considerably more than $1,700.00 in the long run.

Good day.
 

shaneswigs

Junior Member
look i'm sorry for acting stubborn about this but I told them the vehicle is still in their name that I just want my money back and thats when he told me he was talking to his lawyer.

It seems wrong to me that there is nothing protecting me in this situation. I just feel like since they have lied to me about so many things that there has to be some sort of legal protection for me.

another thing that I forgot to state in the first post was that it is the son who is trying to take me to court but the vehicle is in the fathers name.
 

CraigFL

Member
Your protection for the deal was that you had an opportunity for your mechanic to examine the car BEFORE you bought it. Right now you have no leg to stand on... in fact even less because you stopped payment on the check. You are trying to bargain to your advantage when you have no legal position to do so. There is no proof the car was bad when they sold it to you.
 

Andy0192

Member
It seems wrong to me that there is nothing protecting me in this situation. I just feel like since they have lied to me about so many things that there has to be some sort of legal protection for me.
What you have to protect you in this ( or any other consumer transaction) is your own good sense and your willingness to protect the money you worked to earn.

No matter what used vehicle you're buying, you should have a qualified mechanic look at it, unless you're willing to buy the vehicle simply for the scrap or cash value of the parts.

Legal protection would have been a written warranty. The story you give would indicate that the seller did disclose to you that the vehicle leaked oil and you failed to check the oil level before you handed over payment & drove off with your vehicle.

Sorry if that's not the answer you're looking for.
 

shaneswigs

Junior Member
Thank you for your advice, and the way you presented it. I don't believe I would have acted in the manner I did had Zigner posted in a civil manner instead of being a blatant jerk as he seems to do in his other posts.
 

Zigner

Senior Member, Non-Attorney
Thank you for your advice, and the way you presented it. I don't believe I would have acted in the manner I did had Zigner posted in a civil manner instead of being a blatant jerk as he seems to do in his other posts.
My first response was dead-nuts accurate...so were the rest. :rolleyes:
 

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