Craigslist Auto Purchase - Vehicle misrepresented - Can I take legal action?

[LART]

I live in North Carolina. I purchased a vehicle from a private party in South Carolina 10 months ago. Before purchasing the car, I emailed the seller and asked if the timing belt had been changed, a required service at 90,000 miles (a $700 expense - it's a Lexus). The seller emailed saying "We changed the timing belt at the 90,000 mile service". I recently discovered that this service had not been done by the seller, after a technician said that most dealerships put a special sticker on the engine if the timing belt has been changed. I found this out buy contacting all the dealerships where the car was serviced by the seller. The car has excellent maintenance records. All dealerships stated that this service was never done. It is impossible to know if the belt is changed by looking at it, so even if I had an inspection, the mechanic would not have been able to tell me. Do I have legal right to take the seller to court to obtain the funds for this service expense since the car was misrepresented? The former owner says that since the car is mine now, it's my responsibility. I have all the documentation, including emails from the seller claiming that the service was completed by them. I can get letters from the dealerships claiming that the service was never done. Should I handle this in small claims court? What are my chances?

 

[Mass_Shyster]

In order to prevail, you would have to prove that the belt was not changed. You admitted that you cannot tell if the belt has been changed by looking at it, so you really don't know if it has been changed or not. The seller never claimed that a dealer changed the belt (per your post), so there is no way to tell if an independent mechanic did it and simply did not put on a sticker. It's also possible that the dealer simply forgot the sticker.

The only way you could possibly win would be to have the belt changed yourself and have an expert testify that the belt you removed was the original. I don't know if an expert can tell that either. Even if one can, I suspect the litigation would cost more than $700.

You should get prices from some independent mechanics as well. I bet you can get it done for much less elsewhere.


Edit: I forgot to add, you certainly have a right to sue, but under these facts, I don't see you winning.

 

[LART]

Thank you for your response. The seller has stated that all maintenance was accomplished at three different dealerships. The seller did say in a recent email that "if the service technician did not tell us to change the belt at our 99,000 mile service, it may not have been done." They are insinuating that if it wasn't done, it's not their fault. Are my chances better, since the seller has admitted this? The seller purchased the car new and took excellent care of it, besides the timing belt issue.

 

[xylene]

Unless the email rises to the level of a contract you are out of luck. You are yourself backing off that by admitting it is extremely cagey.

Why didn't your mechanic notice this sticker was absent when you had him inspect the car before completing the purchase?

 

[aldaron]

No matter the outcome OP get that belt changed or park it. You can ruin the motor if that belt slips.

 

[Banned_Princess]

The sale is ultimately an AS IS sale.

It has been 10 months, the car is yours and your responsibility. You cant prove that belt was never changed, and you cant show the car had a warranty or even an implied warranty.

You could sue him of course, thats our right as Americans in America, but I highly doubt you would even almost win.