Misrepresentation of sale

What is the name of your state? Washington

My husband and I recently purchased a classic car from a consignment dealer. We were told that the engine in the car was a pontiac 455. My husband checked and found the stamp on the engine block indicates that it is actually a 350. Quite a bit different then what we thought we had purchased. Paper work we received with the sale indicates the 455 engine. I'm wondering what legal recourse we may have to either get reimbursed for the smaller engine or take the car back? We have had the car about 3 months now but he just found out about the engine difference yesterday.

Thank you
J

The problem with partial recovery is first figuring out the difference in value. Are we talking about a GTO, a Firebird, a Gran Prix....? If it's a later model GTO you have a serious problem, even more likely that the entire car is a clone made from a Tempest/LeMans. Either way it will take a professional appraisal to determine the difference in value. You can sue for that amount in small claims court if the seller doesn't want to reimburse you (including the cost of the appraisal).

Given the potential for more fraud or "mistake" involving the true identity of the car I would opt for a full refund upon return of the vehicle. The seller may or may not have known about the engine. Since Pontiac used the same size block for all of its engines from 326 to 455ci it is easy to be led astray. The question you'll have to answer is why didn't YOU check the block ID code??? That responsibility will fall more to you if you are considered an expert or knowledgeable person of these cars. Did you physically inspect the car before you bought it, or was this a "long distance affair"?

If you had the opportunity to inspect (and I know that most people don't actually check the block for the stamp because it's very hard to see), you may be considered responsible. OTH, since the title documents indicated it was a 455...and if you were told the car was unaltered....you may have recourse. You'll have to sue both parties to make sure you get results.

Of course, the seller could also claim you swapped the engine during the 3 months you had it. It certainly wouldn't be the first time that has happened, and with your numbers not matching the title or other docs you could be screwed.