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Threw a rod after 500 miles?

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Un4GvnLude

Guest
What is the name of your state? Kansas.

I recently purchased a used car from a "friend of a friend." I drove the car off his property less than two weeks ago and have not put 600 miles on the car. A few days ago the car rapidly overheated for no apparent reason. As I pulled over I noticed a very pronounced "knock" in the lower part of the engine. Just about every opinion I've gotten says that a rod is probably cracked/damaged. This kind of failure will require a new longblock and possibly some machine work. In other words, this fix is going to require alot of time and alot of money.

I called the seller and briefed him on the situation. All he could offer was the phone number to the place where he purchased the engine.

My questions is, is the seller liable for this in any way? I understand that there was no warranty expressed or implied, but the car is less than 2 weeks old.

Thanks in advance for any and all replies.
 


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Un4GvnLude

Guest
Follow up:

I did not have the car checked out by a mechanic before puchasing the car. The seller assured me that the engine was in prestine condition due to most major components being replaced. He builds cars for a living so I took his word for it (friend of a trusted friend) and did not waste my time/money in getting a second opinion. This was his personal car that he drove daily.

Again, thanks in advance for any and all replies.
 
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minerk

Guest
I would say you are SOL. That is the risk inherent in buying a used car with no warranty. What evidence is there that the seller could/should have known there was a potential problem with the engine? As you stated in your post you drove it for 500+ miles prior to the failure.
 
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Un4GvnLude

Guest
What evidence is there that the seller could/should have known there was a potential problem with the engine?
I have no evidence at all. I wasn't trying to imply that he knew that there was a problem and intentionally withheld the information.

Whether he sold the car knowing there was a problem or not the fact still remains that he has gotten quite a bit of money from me and I have a car that (he explained to be in nearly perfect mechanical condition) lasted me for less than 2 weeks/600 miles. This just doesn't seem right to me. I guess I just assumed that this sort of practice would be illegal in some sort of way.

So Kansas has no protection (lemom law) for private party buyers whatsoever?

Thanks in advance for any replies.
 

racer72

Senior Member
Lemon laws apply to new and used cars sold while still under the factory warranty. If you bought your vehicle 'as is' without a warranty, you have no claim.
 

rmcnellis

Member
lemon law

There would be no indication to the previous owner that there was a rod problem if there was no engine knocking at the time he sold it. It is possible he may have known and used engine oil additives and the old sawdust trick to quiet the engine prior to selling it, but probably not. As for the diagnosis of your engine problem, a technician will need to at the very least drop the oil pan and see if there is evidence of spun bearings, etc in the pan. When a rod is thrown, it will almost always come out through the side of the engine block or the oil pan and will leave all kinds of metal and shrapnel in the pan. Your state may have a consumer protection law, but the lemon does not apply here because the vehicle was not under the factory warranty period. In fact, the basis of the lemon law would not even apply to your situation were the car under factory warranty. You see, to file a claim under the lemon law, the vehicle has to have been in to a dealership more than 4 times for the same concern within 24 months or 18,000 miles of the warranty start date. good luck, but i think you are sol.
 

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