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Fraudulent Private Sale

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Lys

Junior Member
State: Pennsylvania

Bought a car from a private seller. Car is a 1995 Chevrolet Blazer. Transaction completed, with a notary witness, on Monday evening, January 9.

Tuesday, car is hunky-dory, everything is perfect.

Wednesday, start driving car, get stuck in traffic. Suddenly, transmission begins to skip gears. Pull over, tow to mechanic, mechanic tells me I need a new transmission.

Whoa! All of the maintenance for the vehicle was recorded for the past ten years; old owner was the original and sole owner of the car. So, old owner is called. Gives run-around, boyfriend calls back, and says, "well, good luck!"

No Socrates As-Is Addendum was signed. Seller said, "now, I know the rear windshield wiper doesn't work and that the stereo is blown, everything else is fine." Test drive would not have revealed the problem, as issue occurs when transmission is quite warmed up (as sitting in traffic is wont to do).

Kicker: In the maintenance records provided, it shows that the car had a complete transmission flush 2,000 miles prior to sale. Why is this important? Because no mechanic worth his salt will advise for just getting the transmission flushed. A transmission flush, unless routine maintenance (which it was NOT, as no other maintenance was documented on the same date or within the same mileage), is a last-resort step prior to getting the transmission replaced. So, she knew about the transmission issue and simply wanted us out of her hair.

Other minor issues with the car include sway bar problems, as well as the rear drums leaking brake fluid. Color me stupid, here, but this renders the car as unable to pass PA state inspection and therefore renders the sale null-and-void, private seller or huge dealership.

Less than 60 miles were put on the car between the day of sale and the transmission issue. Her boyfriend called us back, and in a very hostile manner told us that, "he doesn't know how we drive, but ..." Right. I put 20K miles on my car within a year; the 20K maintenance said that my transmission is super-duper, and didn't even need the flush that they gave it as routine maintenance.

Should I go to small claims? If necessary, I can contact her mechanic and see the records for this vehicle; in my experience, when a mechanic recommends something, they write it on the carbon-copy log/receipt before filing one copy away and giving the other to the owner.
 


dallas702

Senior Member
First, there is never an inappropriate time to have a tranny flushed and serviced. It doesn't indicate a problem, and a judge might say it was a nice pre-sale thing to do for a potential buyer.

Second, how do you know your mechanic is being honest. Trannies can slip or become erratic for a number of reasons...none of which require a rebuild. OTH, it is almost guaranteed that if a shop can get a $2-3000 rebuild job they will ask for it.


Third, you bought an 11 year old vehicle (presumably with around 130,000 miles on it) with no express or written warranty. I don't see any implied warranty either. Since you had access to both the vehicle and the maintenance records you could see that the tranny was or wasn't replaced or rebuilt during that last 10 years. If it wasn't that's almost a sure bet that it would need rebuilding soon....really soon on a Blazer. Leaking brake drums would be easy to see by simply bending down and looking. That's your bad.

To your questions:

1- No, it won't do any good to take this to SCC. You bought this vehicle "as is" unless your BOS states a specific warranty.

2- No, it won't matter what her mechanic's records say, and I doubt he would release them to you.
 

JETX

Senior Member
Lys said:
Should I go to small claims?
If you want to press a suit against the seller and if the claim is within the jurisdictional limit of your state Small Claims court (Philadelphia Municipal Court: $10,000; District or Justice Court: $8,000), then that might be an appropriate venue.
However, before you consider pursuing what is likely a DOA lawsuit.... I suggest you read the information at: http://www.google.com/search?hl=en&lr=&q=caveat+emptor&btnG=Search

One question... What did YOUR mechanic say when he inspected the vehicle PRIOR to your purchasing it??
 

Zephyr

Senior Member
dallas702 said:
First, there is never an inappropriate time to have a tranny flushed and serviced. It doesn't indicate a problem, and a judge might say it was a nice pre-sale thing to do for a potential buyer.

Second, how do you know your mechanic is being honest. Trannies can slip or become erratic for a number of reasons...none of which require a rebuild. OTH, it is almost guaranteed that if a shop can get a $2-3000 rebuild job they will ask for it.


Third, you bought an 11 year old vehicle (presumably with around 130,000 miles on it) with no express or written warranty. I don't see any implied warranty either. Since you had access to both the vehicle and the maintenance records you could see that the tranny was or wasn't replaced or rebuilt during that last 10 years. If it wasn't that's almost a sure bet that it would need rebuilding soon....really soon on a Blazer. Leaking brake drums would be easy to see by simply bending down and looking. That's your bad.

To your questions:

1- No, it won't do any good to take this to SCC. You bought this vehicle "as is" unless your BOS states a specific warranty.

2- No, it won't matter what her mechanic's records say, and I doubt he would release them to you.

I agree, trans service IS a routine maintenance procedure, and when done routinly can extend the life of a transmission

op- the last ditch effort that you are thinking of, is a trans service/flush however the additive (shudderguard) is different and not what is used in the maintenance service.

and a transmission CAN go with no warning, not saying that is what happened here, but it is not unheard of either
 
This doesn't look good for the buyer. May I ask, is this a full size 4X4 Blazer, or a 2 or 4X4 S10 Blazer?

I would advise ALL used vehicle buyers to budget for (likely?) needed repairs, especially if the vehicle is a 4X4.

Dallas: how's the weather down under?
 
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