"Rust-Free" vehicle

[RBAILEY57]

What is the name of your state (only U.S. law)? Virginia
I bought a car from a licensed dealer in Minnesota after seeing an ad on their website, that touted "Our Rust-Free Classics...." The ad statted that the car was in "excellent" condition. When I called to inquire about the car, the seller told me it needed "nothing". I sent him $4350.00 for the car, plus $650.00 for a total of $5000.00
When I received the car, I took it to my mechanic. It had a long list of items that needed to be rebuilt or replaced, however the car is so badly rusted (including holes in the frame) that in my mechanic's opinion it cannot be economically repaired, and has value only as parts. The catalytic conveter had been removed, my mechanic noted that this is a violation of Federal law.
I contacted the seller, and he told me to send photos of the rust. I did this, and he said that I was trying to "scam him" and that he would not answer any more phone calls or emails.
I feel that this vehicle was fraudulenly mis-represented. Do I have any recourse? If so, would I need to bring action in Minnesota? Would Small Claims Court be the appropriate venue? My email adress is [email protected]

 

[sandyclaus]

What is the name of your state (only U.S. law)? Virginia
I bought a car from a licensed dealer in Minnesota after seeing an ad on their website, that touted "Our Rust-Free Classics...." The ad statted that the car was in "excellent" condition. When I called to inquire about the car, the seller told me it needed "nothing". I sent him $4350.00 for the car, plus $650.00 for a total of $5000.00
When I received the car, I took it to my mechanic. It had a long list of items that needed to be rebuilt or replaced, however the car is so badly rusted (including holes in the frame) that in my mechanic's opinion it cannot be economically repaired, and has value only as parts. The catalytic conveter had been removed, my mechanic noted that this is a violation of Federal law.
I contacted the seller, and he told me to send photos of the rust. I did this, and he said that I was trying to "scam him" and that he would not answer any more phone calls or emails.
I feel that this vehicle was fraudulenly mis-represented. Do I have any recourse? If so, would I need to bring action in Minnesota? Would Small Claims Court be the appropriate venue? My email adress is (removed for privacy)

Did you happen to have the mechanic look at the car BEFORE you bought it or after?

The problem with buying vehicles sight unseen, especially from websites, is that you don't get much opportunity to check them over before you buy. I suspect that you didn't either, and relied upon the seller's claims to complete your purchase. That's going to be a problem.

I also suspect that when you completed the sale, your bill of sale/receipt for the purchase also said the vehicle was sold "AS IS". Unless the seller offers a written warranty or guarantee of fitness, it's up to you to make sure of the actual condition of the vehicle before you buy it. If you don't, then the vehicle is purchased - you guessed it - "AS IS", along with all the problems it may have that you didn't even know about.

I'm thinking you probably do not have a leg to stand on here. The name of the site "Rust Free Classics" may just be a marketing gimmick, and might not refer to any specific vehicle. And the term "excellent" condition is all relative.

 

[swalsh411]

You purchased a car several States away sight unseen? That was dumb.

"Excellent" is certainly puffery. "Rush free" likely is as well. Any vehicle that has been driven at all (especially in cold climates) will have some rust. That's like claiming something is "like new". Any used car is going to have at least a little wear and tear somewhere.