Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CONSUMER & GENERAL PRACTICE LAW > Lemon Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-27-2009, 02:07 PM
Junior Member
 
Join Date: Dec 2009
Posts: 4

Purchased a lemmon from a private owner.


I live in new orleans louisiana and I purchased a 1997 Pontiac Trans AM from a private seller a year ago. I was told by the seller that the car was in excelent general condition with a few minor defects. Within the last year i have had to replace the engine, clutch, brake disks, and shoes, tie rod ends, engine ignition and wires. These are things that where brought up during purchase and he assured me that there was no issue. He also lied about things that where supposed to be included in the car that he took off before sale. There was no "as is" clause in the bill of sale.

Can I file a lawsuit against him?
  #2  
Old 12-27-2009, 02:29 PM
Senior Member
 
Join Date: Nov 2007
Location: The Heart o' Dixie
Posts: 3,577
A used car, purchased 'as-is'* from a private seller and a year later. Didn't you have it inspected by a mechanic you trusted before handing over any moneys? No? Enjoy your car.

*By its very nature, a used car IS 'as-is', whether noted in the sale papers or not.
__________________
Actions have consequences. Remember Newton's Third Law of Motion in everything you do.
  #3  
Old 12-27-2009, 03:11 PM
Junior Member
 
Join Date: Dec 2009
Posts: 4
But there was NO as is clause in the bill of sale.
  #4  
Old 12-27-2009, 03:25 PM
Member
 
Join Date: Jun 2005
Location: Back from Iraq
Posts: 634
Quote:
Originally Posted by mikev7 View Post
But there was NO as is clause in the bill of sale.
There is no need for an "as-is" clause unless expressly required by your State's laws.

Why would you expect a 12 year old PONTIAC to not have issues? They are NOTORIOUS for issues which you could have pulled up with a simple Google search. From one owner's review:

Quote:
Dislike-

Vibra-shaft- Code named for driveshafts from 1993-1997 Trans-Am/Firebird's with the WS9-Y87 tag.

7.5 10 Bolt Rear ends - garbage, weak structure, barely holds stock power. Some cases will hold the 300 whp the car lays down, some cases not.

Stock Clutch- hit or miss, known to last short periods of time due to its poor construction. anything over 400 whp i recoommend a clutch upgragde.

not a fan of the dashboard either.

Mullet and redneck jokes... galore..

So, let's recap your "issues" you want to sue the guy for.

engine - hmmm... a sports car with engine issues? Never...
clutch - Wear item.
brake disks - Wear item.
shoes - Wear item.
tie rod ends - Wear item.
engine ignition - Wear item.
wires - Wear item.

So, you have had 7 issues with a 12 year old car... 6 of them are common "wear items" designed to need periodic replacement, the seventh could have any number of causes from lack of maintenance on your part, lack of maintenance on his part, excessively high mileage, driving it like a hot rod, or possibly being a "Katrina Kar".

YOU HAVE NO CASE, AS-IS ON THE PAPERS OR NOT.
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #5  
Old 12-27-2009, 04:07 PM
Junior Member
 
Join Date: Dec 2009
Posts: 4
Even if i paid high book value price for the car?
  #6  
Old 12-27-2009, 04:09 PM
Senior Member
 
Join Date: Jan 2005
Posts: 24,594
Quote:
Originally Posted by mikev7 View Post
Even if i paid high book value price for the car?
Even if, and or but!
__________________
*
*
I am not an attorney. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Chuckle of the day:
Quote:
Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

Yea! Ziggy the Court Jester presiding.
It is not LAW.

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #7  
Old 12-27-2009, 04:14 PM
Senior Member
 
Join Date: Dec 2007
Location: ~♥Thebes♥~
Posts: 7,859
Quote:
Originally Posted by mikev7 View Post
Even if i paid high book value price for the car?
Mike,

Hey I've got this Yugo I'm selling - dirt cheap only $3,995
__________________
ΣΒΔ

'Come to the edge,' he said. They said, 'we are afraid.' 'Come to the edge,' he said. They came. He pushed them...and they flew ~ Guillaume Appolinaire

HappyWanderer
Quote:
Writinginallcapsisconsideredshoutingandmakesithardtoreadcapitalsandsmalllettersalongwithpunctuationa ndspacesbetweenwordsisthewaytogetabetterchanceofaresponse
  #8  
Old 12-27-2009, 04:17 PM
Junior Member
 
Join Date: Dec 2009
Posts: 4
Yea hehe, i knew the jokes would start. Thing is im very mechanically inclined. I a state licensed general contractor, electrical contractor and licnsed stage one ac repairman also. The car ran great for exactly one day. Then i started fixing things.
  #9  
Old 12-27-2009, 04:28 PM
Senior Member
 
Join Date: Jan 2005
Posts: 24,594
Quote:
Originally Posted by mikev7 View Post
Yea hehe, i knew the jokes would start. Thing is im very mechanically inclined. I a state licensed general contractor, electrical contractor and licnsed stage one ac repairman also. The car ran great for exactly one day. Then i started fixing things.
So, you even acknowledge that the car was running great when you bought it. You now have even LESS proof that the seller knew of any problems. Perhaps the seller got out in the nick of time.
__________________
*
*
I am not an attorney. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Chuckle of the day:
Quote:
Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

Yea! Ziggy the Court Jester presiding.
It is not LAW.

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #10  
Old 01-08-2010, 09:16 PM
Member
 
Join Date: May 2008
Posts: 402
Quote:
Originally Posted by mikev7 View Post
But there was NO as is clause in the bill of sale.
Nor was there a warranty.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.