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Privately Bought Truck

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TDPalmer

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

I have recently bought a used 2004 truck from an individual not even a week ago. I purchased the truck from him telling me it was a good solid truck with no problems, the engine and motor were both supposedly gone though and he gave me 2 receipts from a local shop showing that they was. After I purchased the truck I took it to my mechanic to have the oil changed and the truck inspected overall. My mechanic came back and told me there are a number of major things wrong with the truck. The gas tank has a 2 inch hole in the top of it, the motor is leaking oil at the rear main seal, the transmission is leaking oil, some of the hoses were routed wrong, along with various other problems. The seller never disclosed this information to me when I bought the truck, and I specifically asked these questions. The only thing I have on paper is the two receipts showing that a new motor and transmission was put in. I don't really think I have enough evidence to take legal action against the seller, but I was wanting to check and see if there was anything I could do at all.

Thanks.
 


sandyclaus

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

I have recently bought a used 2004 truck from an individual not even a week ago. I purchased the truck from him telling me it was a good solid truck with no problems, the engine and motor were both supposedly gone though and he gave me 2 receipts from a local shop showing that they was. After I purchased the truck I took it to my mechanic to have the oil changed and the truck inspected overall. My mechanic came back and told me there are a number of major things wrong with the truck. The gas tank has a 2 inch hole in the top of it, the motor is leaking oil at the rear main seal, the transmission is leaking oil, some of the hoses were routed wrong, along with various other problems. The seller never disclosed this information to me when I bought the truck, and I specifically asked these questions. The only thing I have on paper is the two receipts showing that a new motor and transmission was put in. I don't really think I have enough evidence to take legal action against the seller, but I was wanting to check and see if there was anything I could do at all.

Thanks.
Just because the seller presented you with receipts showing a new motor and transmission were purchased and installed doesn't necessarily mean they were put in on THAT truck.

The problem with buying used vehicles is that too many consumers rely on the seller to be forthcoming in their description of the vehicle as far as condition is concerned. Truth be told, there are just as many unscrupulous PRIVATE sellers out there as there are slimy used car dealers - and they are much less regulated. That's why you NEVER take someone at their word on the condition of a used vehicle. You get your own independent assessment from a private mechanic of your own choosing, and you have the vehicle inspected BEFORE you buy it. That way, you have a solid idea as to what is and isn't wrong with the vehicle, and whether or not the asking price is fair for what you are getting. There's no law that says you MUST have it done, but it's always a very good idea to do so - and when you don't, then you fall victim to the person from whom you are relying upon to tell you the truth.

If the seller does not offer you a WRITTEN warranty or guarantee of fitness, then the sale of the used vehicle is considered "AS IS" - meaning that you take it exactly as you find it, with all of it's defects as well as benefits. If you choose not to have an independent mechanical inspection done, then you aren't making an informed decision, and it leaves you with no recourse if you find problems after the sale is completed.

To answer your specific question - NO. There is nothing you can do about the problems you later found with the truck after you bought it. You bought it "AS IS", problems and all. Enjoy the new truck.
 

CSO286

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

I have recently bought a used 2004 truck from an individual not even a week ago. I purchased the truck from him telling me it was a good solid truck with no problems, the engine and motor were both supposedly gone though and he gave me 2 receipts from a local shop showing that they was. After I purchased the truck I took it to my mechanic to have the oil changed and the truck inspected overall. My mechanic came back and told me there are a number of major things wrong with the truck. The gas tank has a 2 inch hole in the top of it, the motor is leaking oil at the rear main seal, the transmission is leaking oil, some of the hoses were routed wrong, along with various other problems. The seller never disclosed this information to me when I bought the truck, and I specifically asked these questions. The only thing I have on paper is the two receipts showing that a new motor and transmission was put in. I don't really think I have enough evidence to take legal action against the seller, but I was wanting to check and see if there was anything I could do at all.

Thanks.
This was your mistake.
 

latigo

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

I have recently bought a used 2004 truck from an individual not even a week ago. I purchased the truck from him telling me it was a good solid truck with no problems, the engine and motor were both supposedly gone though and he gave me 2 receipts from a local shop showing that they was. After I purchased the truck I took it to my mechanic to have the oil changed and the truck inspected overall. My mechanic came back and told me there are a number of major things wrong with the truck. The gas tank has a 2 inch hole in the top of it, the motor is leaking oil at the rear main seal, the transmission is leaking oil, some of the hoses were routed wrong, along with various other problems. The seller never disclosed this information to me when I bought the truck, and I specifically asked these questions. The only thing I have on paper is the two receipts I don't really think I have enough evidence to take legal action against the seller, but I was wanting to check and see if there was anything I could do at all.

Thanks.
The only factual basis I can find in your narrative that would seem to support a lawsuit for rescission of the sale is where you tell that you have something in writing from the seller “showing that a new motor and transmission was put in”.

If that statement is false it would obviously be a knowingly false and a material representation on the part of the seller made to induce the purchase.

But in order for you to get a court to unwind the deal and get your money back YOU must be able to prove not only that the statement was false and materially false, and that you relied on it as inducement to make the purchase. PLUS you must convince the court that you had the right to rely on the representation.

And here I don’t see you being able to do that. Seemingly even a cursory inspection of the engine and drive train would have revealed the oil leaks. And I don’t see a conscientious judge thinking that you didn’t have some responsibility to make that inspection.

Also there is some confusion here regarding what the seller actually represented to you.

You first indicate that the seller told you that “the engine and motor (sic) were (recently) gone through and no problems”.

Which would seem unneccesary if a new engine and trany.

Plus the first would be considered by the court as incidental “buffing” on the part of the seller anxious to sell his truck and not alone actionable.

____________________

All and all I don’t think you have much to go with here. But you may want to show the mentioned “papers” to a local attorney and get his or her opinion.

And who knows? A letter from your lawyer threatening a lawsuit might just buckle the seller.
 

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