Any Recourse? Jet Ski Blew up in 6 days.

[kimibabeee]

What is the name of your state? OHIO

My husband and I bought a used Jet Ski on the 20th of this month from a private seller. We knew it was used and asked all the right questions, The gentleman (we will call him Tom) told us that it ran great, never had any major work or issues with it at all. He said it might run a little rough thru the test drive because it had old gas in it. While it was on the water for the test drive, when my husband turned it off it wouldnt start and needed a "jump" but started right up after that. Tom then said "If you have any troubles with it just let me know"
So.. We bought it.

Yesterday it overheated and stalled out. Took it to the mehcanic today and he tore the engine apart. The estimate is almost $1300 to fix it. There has been MAJOR engine work done on it within the last 18 months max.

My husband called Tom this eveing and told him what the issues were and that the mechanic said there was no way we could have done that kind of damage in a week (the overheating and blown engine came from wrong sized pistons and oversized rings when the work was done on it)

Tom stated that we bought the ski as is and he might give us $100 towards the repairs. I have a couple of issues with this.

1) Tom specifically told us there was no work done on the ski, that is a bold faced lie.

2) Tom also told us if there were any issues to let him know, he asured us he was a stand up guy and wouldnt leave us hanging. (not his exact words but same concept)

3) on the phone today he told my husband the name of the guy that did the work for him, this after telling us no work was done to it before we bought it.

Does the fact that he out and out lied about the ski give us recourse in small claims?

Does the fact that he told us to call him if there were any issues nullify the claim that the ski was sold "As is"?

If you can point me in the right direction I will be glad to research this myself.

Thanks!

 

[kimibabeee]

No help here?

 

[BL]

I'll give it a stab .

Was there an ad in the Paper ?

It's a long shot , but if you could convince the Judge , that the seller represented the merchandise for condition , it was defiantly not in , and you can provide proof ( which you would have by estimate with defects and/or witness ) , you might prevail , However if this is all verbal , the seller can simply deny any statements or promises to you , then it's up to you to prove to the court the sale was mis represented and you did not get what you paid for .

Otherwise , it would be an " as-is " sale .

 

[kimibabeee]

Would it help that not only did he tell my husband and I when we test drove it to let him know if there were any issues but he also said it again when my husband and his friend picked it up 3 days later.

Yes there was an ad but I dont have a copy of it.

 

[BL]

Would it help that not only did he tell my husband and I when we test drove it to let him know if there were any issues but he also said it again when my husband and his friend picked it up 3 days later.

Yes there was an ad but I dont have a copy of it.

Where was it advertised ?

How Exactly did the AD read ?

If it was in the news paper ,maybe the library has a copy or , maybe its on microfilm at the Library .

No ,it wouldn't matter what the seller ( said ) , unless he admits it .

I once bought a car . The AD said " excellent condition " . I had trouble right off the bat . I had the Ad with me in Court , and the Judge looked like he was going to rule in my favor . His Lawyer got up and spoke , and I got all frustrated and the Judge asked me if I bought it as is . I said yes , meaning as it was advertised . I guess the Judge though I mean as is and ruled against me/ I appealed and lost that one too . The second Judge stated you had an opportunity to have it inspected and did not , you test drove it, and drove it away .

So my advise , is get the AD if it has what the seller implied , or take your chances that the seller will 1) admit his statements , or 2) slip up with his tongue and admit it .