EuphoricFusion
Junior Member
What is the name of your state (only U.S. law)? New York (Albany)
What is the name of your state (only U.S. law)? New York, Albany
I bought a vehicle from a dealer who had listed it on the "ill-fated" Craigs list in May this year. The original ad had it for $2500, then a later was listing it $3000, and when I arrived he quoted more than $3200 and claimed that the ads were placed in error. I kick myself as a long-term "law hobbyist" not having permanent copies of all the craigs ads, and he has since erased them, so the price is not a question.
When we made the deal, I drove the car and agreed to pay $3000 for the vehicle - a 1990 BMW 525i. He noted there were newer brakes, and the engine had less than 60,000 miles on it. Also, he provided me with a 6-month warranty covering the operation of the vehicle. Additionally, the "trim" had been removed from the interior and the rear doors were covered in glue, and the light above the drivers shade was out. Now, especially the light was not a concern to me, but I felt with the price increase, I had the position to make any requests I had option to.
After a few weeks, I noticed pools of oil where I had parked in the driveway. I had a family friend with car expertise as his business take a look, and he checked the "dip stick" which was still showing a good level. As this meant it wasn't that serious, and that I would likely just need to put some in before the first big oil change, I didn't worry about it more.
In late July, the battery started dying overnight, and in the few days before I found the cash, and assistance (not professional with cost) to get it in there, I did the next best thing. I would drive it around the block every few hours, and gas it up good, for like 15 minutes. That would keep it going for then, and I made plans to take it in to a mechanic. Well, day two of the "let it run" model, I came back and parked it in the drive. I left it run, and went in to get the dog and was going to take him for a ride with me. After a few minutes, a neighbor was at the door alerting me that my "car was on fire or something!" and I should turn it off.
Smoke billowed out from under the hood like a serious thing. I had it towed to the closest mechanic, and it was covered by AAA that way. The reputation was that this was one of the most honest auto businesses in the area, and that nothing would be done without full disclosure and agreement on all work to be done, so I felt secure that it wouldn't be (yet another) rip-off.
After he lifted it up, and checked under the hood, he advised that no amount of value would come from repairing it. The windsheild wiper fluid, the oil, AND the coolant was leaking. The coolant was coming from a long-since cracked radiator, and to replace it in the BMW, the engine needs to come out, as does the transmission (or something that makes it pricey labor and a big pain to do)
Now, initially when I had met with this man, I had made sure he knew that I was on disability income, and needed a reliable vehicle that would get me back and forth to doctors and then to South Carolina when my best friend was home from Iraq in October. He assured me that would be no problem to expect.
Now it is August, and I have just found the paperwork from the transaction, after having to work out aquiring another vehicle (with lots of borrowing, since two in 2 months weren't in the "budget") since I also had to move in the interim.
With all the given facts, do I have standing in a breach of contract case? I just want to have the facts when I communicate with him - as I have emailed him only once with the facts of the repairs needed, still with no reply. I feel that by promising in the contract to remove the glue and not doing it, and promising to send the light replacement when it arrived from order, and neither of those being done within 3 months, that would be a breach. Now, I feel that, by nature of character, he will try and avoid the third stipulation of the contract - the warranty.
What is the name of your state (only U.S. law)? New York, Albany
I bought a vehicle from a dealer who had listed it on the "ill-fated" Craigs list in May this year. The original ad had it for $2500, then a later was listing it $3000, and when I arrived he quoted more than $3200 and claimed that the ads were placed in error. I kick myself as a long-term "law hobbyist" not having permanent copies of all the craigs ads, and he has since erased them, so the price is not a question.
When we made the deal, I drove the car and agreed to pay $3000 for the vehicle - a 1990 BMW 525i. He noted there were newer brakes, and the engine had less than 60,000 miles on it. Also, he provided me with a 6-month warranty covering the operation of the vehicle. Additionally, the "trim" had been removed from the interior and the rear doors were covered in glue, and the light above the drivers shade was out. Now, especially the light was not a concern to me, but I felt with the price increase, I had the position to make any requests I had option to.
After a few weeks, I noticed pools of oil where I had parked in the driveway. I had a family friend with car expertise as his business take a look, and he checked the "dip stick" which was still showing a good level. As this meant it wasn't that serious, and that I would likely just need to put some in before the first big oil change, I didn't worry about it more.
In late July, the battery started dying overnight, and in the few days before I found the cash, and assistance (not professional with cost) to get it in there, I did the next best thing. I would drive it around the block every few hours, and gas it up good, for like 15 minutes. That would keep it going for then, and I made plans to take it in to a mechanic. Well, day two of the "let it run" model, I came back and parked it in the drive. I left it run, and went in to get the dog and was going to take him for a ride with me. After a few minutes, a neighbor was at the door alerting me that my "car was on fire or something!" and I should turn it off.
Smoke billowed out from under the hood like a serious thing. I had it towed to the closest mechanic, and it was covered by AAA that way. The reputation was that this was one of the most honest auto businesses in the area, and that nothing would be done without full disclosure and agreement on all work to be done, so I felt secure that it wouldn't be (yet another) rip-off.
After he lifted it up, and checked under the hood, he advised that no amount of value would come from repairing it. The windsheild wiper fluid, the oil, AND the coolant was leaking. The coolant was coming from a long-since cracked radiator, and to replace it in the BMW, the engine needs to come out, as does the transmission (or something that makes it pricey labor and a big pain to do)
Now, initially when I had met with this man, I had made sure he knew that I was on disability income, and needed a reliable vehicle that would get me back and forth to doctors and then to South Carolina when my best friend was home from Iraq in October. He assured me that would be no problem to expect.
Now it is August, and I have just found the paperwork from the transaction, after having to work out aquiring another vehicle (with lots of borrowing, since two in 2 months weren't in the "budget") since I also had to move in the interim.
With all the given facts, do I have standing in a breach of contract case? I just want to have the facts when I communicate with him - as I have emailed him only once with the facts of the repairs needed, still with no reply. I feel that by promising in the contract to remove the glue and not doing it, and promising to send the light replacement when it arrived from order, and neither of those being done within 3 months, that would be a breach. Now, I feel that, by nature of character, he will try and avoid the third stipulation of the contract - the warranty.