My mechanic says I bought a real "gem" (NOT)

[UNDONE]

What is the name of your state? Minnesota

Last week I bought a used 98 GMC Sonoma from a private party who advertised the vehicle on Car Soup (web based). The seller stated in the add on Car Soup that the vehicle had new front and back brakes, new battery, new stereo CD player, and new maintenance upgrades. After test driving it, we decided to buy. The next day we brought the vehicle to our mechanic to check it over, change the fluids, etc, only to find out both the front and back brakes were totally shot and rusted out. Additionally, there was no recent "maintenance" to be found - in fact, the spark plugs, wires, distributor cap and rotor were all original! Not to mention bad ball joints, manifold gasket, shocks, and a variety of other smaller items to the tune of $2500!

After calling the seller, he explained that the new brakes were only brake pads which he purchased from Auto Zone. No other explanation for the other problems other than "it worked fine when I owned it". The seller mailed us his receipts for the brake pads and battery (bought Dec 2005) to prove that he did not misrepresent the car. In my opinion, to say a car has new brakes when there are only new brake pads is like saying you cured an open wound by putting a band-aid on it!

I realize we bought the vehicle "as is" without a warranty, however, the seller blatently misrepresented the brakes and maintenance and our mechanic will vouch for that.

We are considering bringing the seller to small claims court in order to recover the amount we paid for the brakes and the maintenence. Do we have a leg a to stand on or are we wasting our time?

Thanks for your help.

[JETX]

Originally Posted by UNDONE

Do we have a leg a to stand on or are we wasting our time?

Do you have those seller claims in WRITING?? Absent that, it will simply be a matter of who to believe.... and the proof is on YOU.
You should have taken the vehicle to your mechanic BEFORE you purchased..... not after.

[UNDONE]

Originally Posted by JETX

Do you have those dealer claims in WRITING?? Absent that, it will simply be a matter of who to believe.... and the proof is on YOU.

Yep, we have a copy of the add. We printed it when we found it on Car Soup. By the way, we bought the vehicle from a private party, not a dealer.

I see now that I should have posted this in another column other than lemon law - oops, sorry about that! Chalk it up to being a "newb".

[UNDONE]

Any other opinions? Again, the seller was NOT a dealer, but a private party.

Thanks.

[JETX]

Originally Posted by UNDONE

By the way, we bought the vehicle from a private party, not a dealer.

Not relevant.

[UNDONE]

Sorry, but I am not understanding what you mean, JetX. What's not relevant?

[JETX]

Originally Posted by UNDONE

Sorry, but I am not understanding what you mean, JetX. What's not relevant?

Though you mentioned it twice as if it were some magic elixir, the fact that you bought from a private seller or a dealer is NOT relevant to your concerns.

Lets cut to the bottom line here....

You bought a car from a private seller who claimed the vehicle "had new front and back brakes, new battery, new stereo CD player, and new maintenance upgrades."
However, instead of taking the vehicle to your mechanic BEFORE you purchased, you did it AFTER. Lets look at EACH of your complaints:

1) Your mechanic advised that the "front and back brakes were totally shot and rusted out."
The seller explained that the "new brakes were only brake pads which he purchased from Auto Zone."
Sounds perfectly reasonable to me.... new pads and shoes ARE generally considered 'new brakes'. The fact that you ASSUMED it meant a complete brake job (presumably calipers, rotors, discs, etc.) is YOUR problem (especially considering that you don't offer ANY specifics on the brakes being "totally shot and rusted out".)

2) "the spark plugs, wires, distributor cap and rotor were all original! Not to mention bad ball joints, manifold gasket, shocks, and a variety of other smaller items"
Clearly, you have a different opinion of what constitutes "new maintenance upgrades.". I can easily see where a court or jury would disagree with your all inclusive 'interpretation'.

We are considering bringing the seller to small claims court in order to recover the amount we paid for the brakes and the maintenence. Do we have a leg a to stand on or are we wasting our time?

As I said before.... I think you are wasting your time.... especially since your own post admits you purchased the vehicle 'as is'.
Google 'caveat emptor'.

[UNDONE]

JetX, Your direct response is a welcomed relief to your previous "ignotum per ignotius" (another google opportunity). BTW, I meantioned "private seller" twice because YOU referred to the seller as "the dealer" (see the third post within this thread and your quote) and I wanted to be sure there was no misunderstanding.