Car's transmission dies 9 days after purchase

[Erin Marie]

What is the name of your state? Ohio

On June 7, 2008 I bought a 93 Ford Escort off of a private owner. Well, sort of a private owner (he had bought the car a couple months earlier with the intention of cleaning it up and selling it....I understand that these people are referred to as "curbside business"). We (my husband and I) asked him during the initial telephone conversation and during the test drive if there was anything wrong with the car. He said, "No" both times. The car was far from perfect but we were assured that it would run reliably for us.

I gave the guy $800 cash and we found a notary and transfered the title. There is no bill of sale. There is no written paperwork regarding the sale. Just the title now being in my name.

Well, on June 16, 2008 (just 9 days later) the transmission goes out. The car is no longer drivable. I called the person who sold me the car and told him what had happened. He says he didn't know the transmission would go bad and that the only thing there is for me to do is to either junk the car or pay someone to put a new transmission in it. Transmission work would exceed the cost and value of the car.

Is this particular type of sale covered by the Lemon Laws in my state? If so, what would be my next step?

[BL]

Originally Posted by Erin Marie

What is the name of your state? Ohio

On June 7, 2008 I bought a 93 Ford Escort off of a private owner. Well, sort of a private owner (he had bought the car a couple months earlier with the intention of cleaning it up and selling it....I understand that these people are referred to as "curbside business"). We (my husband and I) asked him during the initial telephone conversation and during the test drive if there was anything wrong with the car. He said, "No" both times. The car was far from perfect but we were assured that it would run reliably for us.

I gave the guy $800 cash and we found a notary and transfered the title. There is no bill of sale. There is no written paperwork regarding the sale. Just the title now being in my name.

Well, on June 16, 2008 (just 9 days later) the transmission goes out. The car is no longer drivable. I called the person who sold me the car and told him what had happened. He says he didn't know the transmission would go bad and that the only thing there is for me to do is to either junk the car or pay someone to put a new transmission in it. Transmission work would exceed the cost and value of the car.

Is this particular type of sale covered by the Lemon Laws in my state? If so, what would be my next step?

No, and junk it,or fix it .

You bought it as-is .

[Erin Marie]

Ok, now my mother-in-law and sister-in-law are telling me to take the seller to small claims court. I'm really not well versed on any of this, so I need to know if what they are urging me to do has anything to do with the Lemon Laws or are they telling me to sue him under some different law? Or are they just being angry on my behalf and urging me to spin my wheels?

[BL]

Originally Posted by Erin Marie

Ok, now my mother-in-law and sister-in-law are telling me to take the seller to small claims court. I'm really not well versed on any of this, so I need to know if what they are urging me to do has anything to do with the Lemon Laws or are they telling me to sue him under some different law? Or are they just being angry on my behalf and urging me to spin my wheels?

There is no lemon law associated with a private auto sale .

You bought it as-is .

You should have had it inspected by a certified auto mechanic before the purchase .

Caveat emptor is Latin for "Let the buyer beware"

[Zigner]

Originally Posted by Erin Marie

Ok, now my mother-in-law and sister-in-law are telling me to take the seller to small claims court. I'm really not well versed on any of this, so I need to know if what they are urging me to do has anything to do with the Lemon Laws or are they telling me to sue him under some different law? Or are they just being angry on my behalf and urging me to spin my wheels?

I don't think they're urging you to spin your wheels...I mean, how could you? The transmission is bad!

Kidding aside -
You bought this car as-is. The transmission took nine days to give out. You don't state that you noticed any problems before that (for example, I knew for about a month before my tranny gave out...slippage, not going from park to drive appropriately, etc). There is no way you could prove that the seller knew anything was wrong with the car. And, even if you COULD prove it, you still bought it "as-is".

[Erin Marie]

Thank you everyone for the advice. Now I can get back to trying to secure reliable transportation instead of debating a law suit with my in-laws.

[ariastar]

Desk, meet forehead.

Things take time to wear out. It was driving fine when you bought it. The seller couldn't see nine days into the future to know it was going to give out. Just bad timing. If you'd have had a full inspection on the vehicle prior to buying, a mechanic may have noticed the tranny was at the end of its life.