private party misled buyer on condition of property

[kelly olin]

What is the name of your state (only U.S. law)? NY
I purchased a used 2000 Ford Tauras from a private party one week ago. I took it for a test drive, everything seemed fine. I asked the owner if there were any problems with the vehicle, I was told there wasn't. I paid blue book value for the car.
One day later I drove the car down a road that had many bumps. There was a clunking noise coming from the rear of the vehicle everytime I went over a bump. I took the vehicle to a mechanic where I was informed that both rear struts were damaged and needed to be replaced. This would cost around $500.
I called the original owner of the vehicle back and explained the issue. He claimed he did not know about the problem with the car and that it was sold 'as is'. When I asked if he would reimburse me for the damages he hung up.
I'm wondering if I have any recourse regarding this. I realize the only thing I could probably do would be small claims court. Do I stand a chance?

 

[Some Random Guy]

How would you prove to a judge that the owner knew about the problem and intentionally mislead you? You didn't even know what the problem was until you took it to a mechanic. End therein lies your answer - when buying a used car, take it to a mechanic before purchasing.

You bought the car as-is without an inspection. As such you should have assumed that there were things that needed repair.

I don't see a case here.

 

[xylene]

One day later I drove the car down a road that had many bumps. There was a clunking noise coming from the rear of the vehicle everytime I went over a bump. I took the vehicle to a mechanic where I was informed that both rear struts were damaged and needed to be replaced. This would cost around $500.

Well, Some Random Guy is 100% correct on this isssue concerning seller liability in this case. The seller has no liability for the car, even if he made a material representation, the sale was AS - IS. There would have to be a contractual obligation or warranty of the car's condition. Him saying "NO PROBLEMS..." is not a contract or warranty.

I also MUST state that your MECHANIC is probably jerking you around or at least not telling you the whole schtory... esp since 500 dollars is QUITE HIGH for this repair.

2000 Ford Taurus REAR suspension uses SHOCK ABSORBERS.

NOT STRUTS.

Perfectly acceptible Monroe shock absorbers for your vehicle's age and condition cost less than $50 each.

A mechanically inclinded person could do this repai themselves. The shock absorber is held on by a handful of bolts.

Installing shock absorbers is MUCH easier than installing struts, a more involved job.

You need to go to ANOTHER mechanic, armed with this information

Shock absorbers are, theoretically, very easy to install.

 

[Zigner]

I also MUST state that your MECHANIC is probably jerking you around or at least not telling you the whole schtory... esp since 500 dollars is QUITE HIGH for this repair.

2000 Ford Taurus REAR suspension uses SHOCK ABSORBERS.

NOT STRUTS.

Sorry xylene - that is not correct. '00 Taurus DOES use rear struts

http://www.internetautoguide.com/car-specifications/09-int/2000/ford/taurus/index.html

 

[racer72]

$500 sounds about par for a repair of that type. I replaced the struts on a 97 Taurus a few years ago, the parts were about $200 and it took me about 4 hours to complete the job. $75 for an alignment and the car was good to go.

 

[xylene]

Sorry xylene - that is not correct. '00 Taurus DOES use rear struts

2000 Ford Taurus Specifications - View New Ford Taurus 2000 Specs & Data at InternetAutoGuide.com

Haste makes waste. My mistake. In fairness the poster did not specify a sedan, as the wagon does use a shock absorber.

While servicing a strut is not a good idea for an easy DIY (as a spring compressor is required.)

I stand by my estimated parts price.

2000 FORD TAURUS Strut Assembly

500 does seem more reasonable, but by no means a low / lowest price for this service.

 

[CraigFL]

Sorry xylene - that is not correct. '00 Taurus DOES use rear struts...

You're both right. The assembly is called a strut with the spring, while there is a "shock absorber" (which should be called a damper by the way since it is the spring really absorbs the shock) sold which looks like a regular shock absorber except for a plate for the bottom of the spring.

In any case, this is a common problem(broken spring) with Fords and is not expensive to fix -- if you just fix the part that is broken.

 

[xylene]

In any case, this is a common problem(broken spring) with Fords and is not expensive to fix -- if you just fix the part that is broken.

Not servicing suspension parts on both sides of an axle is asking for trouble, however.

 

[Mass_Shyster]

Not servicing suspension parts on both sides of an axle is asking for trouble, however.

Driving a Ford is asking for trouble, however.

 

[Zigner]

Driving a Ford is asking for trouble, however.

You have managed to get to the root of the problem!

 

[BL]

What is the name of your state (only U.S. law)? NY
I purchased a used 2000 Ford Tauras from a private party one week ago. I took it for a test drive, everything seemed fine. I asked the owner if there were any problems with the vehicle, I was told there wasn't. I paid blue book value for the car.
One day later I drove the car down a road that had many bumps. There was a clunking noise coming from the rear of the vehicle everytime I went over a bump. I took the vehicle to a mechanic where I was informed that both rear struts were damaged and needed to be replaced. This would cost around $500.
I called the original owner of the vehicle back and explained the issue. He claimed he did not know about the problem with the car and that it was sold 'as is'. When I asked if he would reimburse me for the damages he hung up.
I'm wondering if I have any recourse regarding this. I realize the only thing I could probably do would be small claims court. Do I stand a chance?

What exactly does the Advertisement State ?

Does the receipt state AS-IS ?

 

[kelly olin]

Neither the advertisement nor the receipt states 'As Is'

 

[BL]

Neither the advertisement nor the receipt states 'As Is'

Exactly !!!

 

[You Are Guilty]

"As is" is the default terms for every sale. Absent any warranty or wording otherwise, you are taking used goods in the condition sold. I don't see any recourse here, but Small Claims is like playing craps - you might still come out ahead even when you have a bad bet. Might as well give it a shot.

 

[BL]

"As is" is the default terms for every sale. Absent any warranty or wording otherwise, you are taking used goods in the condition sold. I don't see any recourse here, but Small Claims is like playing craps - you might still come out ahead even when you have a bad bet. Might as well give it a shot.

Well said , and I like the Sig .