Bad car bought from Kansas by myself, in Texas

If this is too brief or more explaining is needed, please ask...I've written out nice long, very informative posts twice now only to be confronted with "you're not logged in" when I click submit, losing the entire post. Highlight...right click...copy...always...

Anyway:

I bought a car from Kansas, from a private seller. All discussion happened either through brief phone exchanges or email. Seller disclosed a number of problems to me which I was not concerned with. I expressed verbally and through email that I was buying the car for the motor, he assured me that the car ran well and that the motor was in great shape. He wanted $2500 for the car. I sent $2000 and a rifle. The rifle was to be held until I saw fit to send the remaining $500.

I had to hire out transport to move the car as the seller said timing was an issue it had to be moved as soon as possible. I spent $400 getting the car moved.

Upon delivery I was confronted with numerous problems with the car I was not made aware of (I will include brief descriptions, plus pictures, of a few of the undisclosed problems at the end of this thread), most serious being that the motor was not in good running condition. The motor in this car is on the verge of death, with compression at 60psi all around (should be between 100psi and 120psi). The car did not idle. The car did not accellerate propperly, very harsh hesitation happening at random intervals. The car was plagued with electrical problems. The car is basically hopeless on all fronts.

Seller is claiming he is not liable because the car was sold "as is". The car was sold under the assumption that the motor was in good condition, and "as is" was never mentioned either verbally or in text prior to issues arrising. There was no written agreement, no bill of sale.

I have $2400 invested in the car in original payment and transport, plus the value of the gun ($700 sold privately, tops).

The most profitably means by handling the car is parting her out, which would yield almost $1400.

The guy has agreed to send my rifle back, but that's simply not enough and he refuses to come to any other kind of agreement.

I want either a complete refund with him coming and getting the car or for a $400 partial refund on top of the rifle to cover a temp engine while this one is being rebuilt. Do I have any means to force this?

Any advice is appreciated!

Brief list with linked pictures...

www.twowheeledpassion.com/rex1.JPG

Sheered all the way through. Worn edges and dirty. Been this way for quite some time.

www.twowheeledpassion.com/rex2.JPG
www.twowheeledpassion.com/rex3.JPG

Wrinkled. Been painted over. This is also reletively old damage.

www.twowheeledpassion.com/rex4.JPG
www.twowheeledpassion.com/rex5.JPG

The two easiest to find holes and chassis rust. I'll have to pull the carpet back out to get shots of the rust on the holes and the more severe gouges. I'm pretty sure these were caused my slips from an air chisel or similar tool being used to remove the sound deadening material. They're all the way through from the floorboards and are unprotected. One guage was rather cancerous.

www.twowheeledpassion.com/rex6.JPG

Worst rust on the car. Storage bins are littered with it...some spots are completely worn through.

www.twowheeledpassion.com/rex7.JPG

Woodscrews?

www.twowheeledpassion.com/rex8.JPG
www.twowheeledpassion.com/rex9.JPG

"Extra" holes in rear deck...the ones on the pass side seem to have been done with w hammer or something because it's dented pretty good around the holes. Pass. side shot also shows a slight wave that's in the quarter panel. Not as noticeable as the front fenders, but still there.

www.twowheeledpassion.com/rex10.JPG

One of those things buyers just like to know about.

www.twowheeledpassion.com/rex11.JPG

Unsafe tire

Click to expand...

Without a bill of sale, how can you have bought anything? Do you have the title?

teflon_jones said:

Without a bill of sale, how can you have bought anything? Do you have the title?

Click to expand...

Just never thought to draw up a bill of sale...very seldom have I ever needed one to secure a purchase. This is actually the first time I've ever had a problem like this.

I do have the title, but the guy I bought the car from hadn't registered it. It's still in the name of the owner before him.

Caveat Emptor

You should have inspected before any money changed hands......

The registration doesn't matter as long as you have a good title, signed properly of course.

As far as the condition of the car goes, you did buy it without inspection. I am having the same problem with a car I bought through Ebay, but I have a very precise advertisement/listing, a string of emails admitting the problems and offering to reimburse me for them, several estimates from professional shops, ets., etc....and I'm not sure I want to go through the trouble of filing suit in MI just to recove (MI has a paltry $3000 small claims limit). My point is that without really specific guarantees about the condition of the car it is a real pain to recover on a transaction when the car is in the same town as you. Add to that being out of the area (moreso out of state) and it gets worse. Even with specific guarantees in writing it is still hard.

Oh, yeah....you have to file in KS, and you are where?

panzertanker said:

Caveat Emptor

You should have inspected before any money changed hands......

Click to expand...

Caveat Emptor is a crock and isn't taken seriously. If it were, I could advertise a car anyway I wanted and the buyer would be screwed. Caveat Emptor has nothing on misrepresentation and fraud.

I was sold a good, running engine and never got it.

Excuse me, but caveat emptor is taken very seriously. It is up to the buyer to do his homework before a purchase. Hidden or intentionally concealed defects are a a cause for recovery, but if the defects are obvious or easily detectible the buyer is on his own.

If you advertised a car "anyway you wanted" and it was misrepresented your buyer could sue you, but if he never bothered to verify your information he would ve very UNlikely to recover. Most judges recognize that much of the condition of used cars being sold is opinion. I've seen a lot of advertised "show quality" paint jobs that were laughable...even "show quality" cars. A motor in "great shape" might mean to one person that it only smokes a little, and only makes a little knocking, and only has slightly low compression. "No rust" seems to be very subjective, although I am hoping that holes through body panels will be considered by a judge as concealment. "Only needs a tune-up" is a good one.

You might be able to undo the deal, but you are going to have to sue in his state. Check around to see what that would cost. If it takes an attorney it will cost about $200/hr for him to file and represent you. Probably not totalling less than $2000. If you can get into small claims court in one or two trips you may get a judgement, but you'd have to haul the car with you or take a chance on collecting and having it transported back (then who sends what first?).

You're in a pickle.

Send a certified demand letter for what you think your damages are. That will start your legal recourse.