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Private Party AS-IS Sale, Nightmare

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spinspirit

Junior Member
What is the name of your state? California

About a month ago, I started to look for a vehicle to purchase since my present vehicle was having issues I could not fix, and I needed reliable transportation to get to and from work. I rented a car for a week and started my search, mainly on the internet. Found several cars, some sold before I could get to them, some sounded too problematic, and within a week, found one that appeared and sounded to be a safe buy. Took it for a test drive and it drove fine, the lifters were noticeably loud, and there was an obvious oil leak. The owner said the car would lose about a quart of oil every 3000 miles, and that the valve tapping was normal for this vehicle (1990 bmw 325i). The car had 201,700 miles on it. I was not overly concerned about the mileage since I was told the car had been maintained, records were available. The car is in excellent condition, interior and body quite good for its age. Other issues I was told was that the radiator had recently been replaced (his wife hit something and punctured the radiator). The car's registration had been paid, but had yet to be smogged. He told me that the Catalytic Converter would need to be replaced and the O2 sensor will probably need to be replaced to get it to pass smog.

Ok, these are issues I wish were already handled at the time, but I needed a car, and I wanted to return the rental, soI figured I would accept these conditions, and get the cat and sensor replaced, so it will pass smog.

I purchased the vehicle AS-IS (assuming I had been advised of the issues) for 1800, and went and had a Cat put in for 266, and went to ghet smogged, and failed the NO2 requirement.

Discourage just a little, my roomate and I went through the engione to determione what this cause could be, and found that the cooling fan was no good. Took the vehicle to a bmw shop and replaced the fan, another 262.

Again it failed smog, same problem. Took it back to the sbmw shop, and they checked the smog test. Suggested I have the valves adjusted, and they would look for other issues. Other issue found was a vacuum leak (in a hose), which was replaced. BMW shop tried to pass smog and found that there Appeared to be another vacuum leak under the Intake Manifold.


Ok, so now I am scheduled to have that fixed, another 400 minimum.

Now for the real headache. Following morning, I noticed ****e smoke when I started the car. Everytime I start the car after it sits fior a bit, a cloud of white smoke. Now Im told we have a blown head gasket. Not only that, but the bmw shop is telling that the new radiator is not a new radiator, and swears it is the OEM radiator. He also thinks that the thermostat has been removed, and the car may be running too cold to pass smog.

Im scheduled to have the intake manifold vacuum leak addressed next week. But I am now wondering about the radiator issue, was there possibly an over heat problem causing a head gasket breach, and the issue was soved with a sealer which caused the car to run too hot, and thus the thermostat might be removed. ALot iof questions Ineed to find answers to, including the state of the spark plugs.

Anyway, a new head gasket will run 1700 minimum. So here I am, needing reliable trans, willing to accept the additional cost to get the car to pass smog, but it hasnot, and now Im looking at 400 plus 1700.

Ive put less than 500 miles on the car, and Im confronted withh all this. Since the car is not passing smog, as I was told it should after the added expense, do I have any recours, such as getting my money back and saying no thanks to the deal? Remember I signed an AS-IS, which I am also told (who lnows) that the responsibility still lies on the seller.

All I need is a reliable car to egt to and from work. Im not a rich guy. Thanks. :(
 


dallas702

Senior Member
The legality of selling a car in CA that won't pass smog has been discussed numerous times. Do a search.

Other than that, were you really expecting anything better from buying a 15 year old car with over 200K miles on it? You could have found a 5-6 year old Hyundai that would have been far less problematic for the same price....and with 1/3 the miles.
 
spinspirit said:
What is the name of your state? California

About a month ago, I started to look for a vehicle to purchase since my present vehicle was having issues I could not fix, and I needed reliable transportation to get to and from work. I rented a car for a week and started my search, mainly on the internet. Found several cars, some sold before I could get to them, some sounded too problematic, and within a week, found one that appeared and sounded to be a safe buy. Took it for a test drive and it drove fine, the lifters were noticeably loud, and there was an obvious oil leak. The owner said the car would lose about a quart of oil every 3000 miles, and that the valve tapping was normal for this vehicle (1990 bmw 325i). The car had 201,700 miles on it. I was not overly concerned about the mileage since I was told the car had been maintained, records were available. The car is in excellent condition, interior and body quite good for its age. Other issues I was told was that the radiator had recently been replaced (his wife hit something and punctured the radiator). The car's registration had been paid, but had yet to be smogged. He told me that the Catalytic Converter would need to be replaced and the O2 sensor will probably need to be replaced to get it to pass smog.

Ok, these are issues I wish were already handled at the time, but I needed a car, and I wanted to return the rental, soI figured I would accept these conditions, and get the cat and sensor replaced, so it will pass smog.

I purchased the vehicle AS-IS (assuming I had been advised of the issues) for 1800, and went and had a Cat put in for 266, and went to ghet smogged, and failed the NO2 requirement.

Discourage just a little, my roomate and I went through the engione to determione what this cause could be, and found that the cooling fan was no good. Took the vehicle to a bmw shop and replaced the fan, another 262.

Again it failed smog, same problem. Took it back to the sbmw shop, and they checked the smog test. Suggested I have the valves adjusted, and they would look for other issues. Other issue found was a vacuum leak (in a hose), which was replaced. BMW shop tried to pass smog and found that there Appeared to be another vacuum leak under the Intake Manifold.


Ok, so now I am scheduled to have that fixed, another 400 minimum.

Now for the real headache. Following morning, I noticed ****e smoke when I started the car. Everytime I start the car after it sits fior a bit, a cloud of white smoke. Now Im told we have a blown head gasket. Not only that, but the bmw shop is telling that the new radiator is not a new radiator, and swears it is the OEM radiator. He also thinks that the thermostat has been removed, and the car may be running too cold to pass smog.

Im scheduled to have the intake manifold vacuum leak addressed next week. But I am now wondering about the radiator issue, was there possibly an over heat problem causing a head gasket breach, and the issue was soved with a sealer which caused the car to run too hot, and thus the thermostat might be removed. ALot iof questions Ineed to find answers to, including the state of the spark plugs.

Anyway, a new head gasket will run 1700 minimum. So here I am, needing reliable trans, willing to accept the additional cost to get the car to pass smog, but it hasnot, and now Im looking at 400 plus 1700.

Ive put less than 500 miles on the car, and Im confronted withh all this. Since the car is not passing smog, as I was told it should after the added expense, do I have any recours, such as getting my money back and saying no thanks to the deal? Remember I signed an AS-IS, which I am also told (who lnows) that the responsibility still lies on the seller.

All I need is a reliable car to egt to and from work. Im not a rich guy. Thanks. :(

Poster:

Read this thread
https://forum.freeadvice.com/showthread.php?p=1153164&highlight=You+simply+cannot+sell+a+car#post1153164

Pay special attention to divgradcurl’s posts, a California attorney.
 
Am I reading this correctly? The used vehicle you purchased is a BMW? If I did read correctly, you have likely made an enormous (but correctable) mistake, especially if you were seeking a reliable, economical car. A used BMW for $1800 might seem like a deal until you get a taste of reality and the comparably hefty repair bills, which will be a daily or weekly headache/expenditure/reminder.

Get it running ok and sell it, and buy a toyota, honda, nissan, or american car with a proven record.(note: Geo Prizm=Toyota Corolla)
 
Last edited:
John has spoken

I guess you are addressing that comment generally, right John?

I figured that between the time I spend to help people, the fact that many other posters engage in similar posts, and the fact that it might help lighten up or even entertain some viewers it would be ok.

Were you a hall monitor by any chance? Or the guy in the library who shushed people? Or maybe a MOPAR publicist? Anyway, I promise, no more mopar acronym jokes.
 
Last edited:
cjbrown929 said:
I guess you are addressing that comment generally, right John?

I figured that between the time I spend to help people, the fact that many other posters engage in similar posts, and the fact that it might help lighten up or even entertain some viewers that it would be ok.

Were you a hall monitor by any chance? Or the guy in the library who shushed people? Or maybe a MOPAR publiclicist? Anyway, I promise, no more mopar acronym jokes.
XXXXX Perfect. XXXXX
 

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