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Breakdown within 200 miles

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rgvip

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

I had an accident in my car and needed a different one. I don't have much credit and especially with the current economy, it would be hard for me to get a loan or financing through a dealership. A friend of mine who is always living paycheck to paycheck had a car he used daily in the past and was willing to finance it to me as he needed the extra money and didn't have much use for the car.

I paid him a down payment ($900) and he told me there was absolutely nothing wrong with the car, he had just replaced the thermostat, and so on. Before I left town (family lives near same town he does, and I live 100 miles away) the temp gauge on it was showing it was hot. I asked him about it and he said since he had replaced the thermostat, it would have to be in the wiring somewhere and that it was just reporting the wrong temperature, as it had done that to him a few weeks prior when he had to drive it for a few days. It was late evening and he had to work in the morning and didn't have time to look at it then, I had to work in the morning as well, so I drove it home and it made it okay. He said the next time he was up in the city I live (usually once a month or every other month) he would fix it for me.

I work from home so I don't have to drive much, except to go get groceries or other errands. A week later, I went to drive to my mother's house 300 miles away and I get 30 miles down the road and it breaks down. I had it towed to a mechanic and they said the motor was shot. The coolant wasn't being properly circulated and it had major damage to a few of the engine components and the best thing to do would be get a new motor. I had put a total of about 200-250 miles on the car from the time I had gotten possession.

He is unwilling to pay for the repair or give me the money back for the car, saying I signed a bill of sale that stated "as-is". However, he knew about the defect and thought he had fixed it which he didn't. I was told it was 100% a wiring issue that could be fixed by him in the future, and that it would cause no damage to the car.

Also, on the bill of sale, they have the car listed wrong. It states it as a Dodge Neon, but it is a Plymouth Neon, they also have the VIN number wrong on the bill of sale. Is there anything I can do to either get them to pay for the repair or get my money back? After an argument about this ordeal, they said they would just report the car stolen.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Missouri

I had an accident in my car and needed a different one. I don't have much credit and especially with the current economy, it would be hard for me to get a loan or financing through a dealership. A friend of mine who is always living paycheck to paycheck had a car he used daily in the past and was willing to finance it to me as he needed the extra money and didn't have much use for the car.

I paid him a down payment ($900) and he told me there was absolutely nothing wrong with the car, he had just replaced the thermostat, and so on. Before I left town (family lives near same town he does, and I live 100 miles away) the temp gauge on it was showing it was hot. I asked him about it and he said since he had replaced the thermostat, it would have to be in the wiring somewhere and that it was just reporting the wrong temperature, as it had done that to him a few weeks prior when he had to drive it for a few days. It was late evening and he had to work in the morning and didn't have time to look at it then, I had to work in the morning as well, so I drove it home and it made it okay. He said the next time he was up in the city I live (usually once a month or every other month) he would fix it for me.

I work from home so I don't have to drive much, except to go get groceries or other errands. A week later, I went to drive to my mother's house 300 miles away and I get 30 miles down the road and it breaks down. I had it towed to a mechanic and they said the motor was shot. The coolant wasn't being properly circulated and it had major damage to a few of the engine components and the best thing to do would be get a new motor. I had put a total of about 200-250 miles on the car from the time I had gotten possession.

He is unwilling to pay for the repair or give me the money back for the car, saying I signed a bill of sale that stated "as-is". However, he knew about the defect and thought he had fixed it which he didn't. I was told it was 100% a wiring issue that could be fixed by him in the future, and that it would cause no damage to the car.

Also, on the bill of sale, they have the car listed wrong. It states it as a Dodge Neon, but it is a Plymouth Neon, they also have the VIN number wrong on the bill of sale. Is there anything I can do to either get them to pay for the repair or get my money back? After an argument about this ordeal, they said they would just report the car stolen.
Enjoy your new car.
 

swalsh411

Senior Member
He sold you a car "as-is". What part of that is not completely clear? As far as the wiring problem is concerned, by your own admission he thought it was fixed. You would need to have evidence that he knew about a problem and intentionally lied about it before you would even have a chance at a case against him. (and even then maybe not). And it's not like it broke the first mile after you bought it.

Reporting the car stolen would be a crime and is a horrible idea.
 

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