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Bought used car, wrote and signed agreement with seller

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azharrb

Junior Member
What is the name of your state (only U.S. law)? Texas

I bought a used truck from a man down the street. I had been duped on used cars in the past and asked to have a written agreement. The agreement was that if there were any problems with the vehicle within 2 months, they would be under my expense, but if the problem was water in the oil, then it would be the seller's expense.

I wrote this out for my own protection and now, 2 days after the sale, I found water in the oil.

I have the document that we both signed agreeing to the theoretical situation of water in the oil.

"If within 2 months it is found that water is leaking into the oil, seller will repair" "All repairs needed other than water in the oil will be at buyers expense"

I want my money back or a repaired engine. Is this possible with the contract that we agreed to?
 


azharrb

Junior Member
yes

He says he's stopping by in 30 minutes...

Over the phone he denied any reason why there would be water in the oil and said he'd come look at it. I had suspicions when I bought the truck, because the coolant level was low, that's why I had him sign the statement.

I've only had it for a few days and haven't even been able to drive it due to needed repairs(he said everything was fine and it didn't need any) and now the oil is clearly showing signs of a headgasket issue.

He's going to try to say that I caused it but HOW, if I haven't even gotten it a 1/4 mile from the house. I do have witnesses.

All I want is my money back, not even the extra investments I've already made, just the money I initially paid. He can keep the truck.

Hopefully the existence of our agreement will push him to comply. If not, hopefully it will hold up in court.
 

latigo

Senior Member
He says he's stopping by in 30 minutes...

Over the phone he denied any reason why there would be water in the oil and said he'd come look at it. I had suspicions when I bought the truck, because the coolant level was low, that's why I had him sign the statement.

I've only had it for a few days and haven't even been able to drive it due to needed repairs(he said everything was fine and it didn't need any) and now the oil is clearly showing signs of a headgasket issue.

He's going to try to say that I caused it but HOW, if I haven't even gotten it a 1/4 mile from the house. I do have witnesses.

All I want is my money back, not even the extra investments I've already made, just the money I initially paid. He can keep the truck.

Hopefully the existence of our agreement will push him to comply. If not, hopefully it will hold up in court.
Here is your problem.

Considering the terms of the agreement, unless you can prove that the seller was aware of the defect at the time of the sale, you have no grounds to rescind the transaction.

Your legal recourse is limited to holding the seller responsible for the cost of any needed repairs.

However, you are not going to know the extent and cost of those repairs until a mechanic disassembles the engine. And until that is accomplished you will have no lawsuit in which you can claim a given quantum of damages. Without a mechanical inspection your claim for damages would be mere speculation and that won't sell in court

In other words, you are caught in the midst of a Joseph Heller’s “Catch-22”!
 

azharrb

Junior Member
i tried...

I established communication and tried to work out the matter. He refuses to just do an even trade and take it back so I guess there's no other option.

He says that since the contract states "seller will repair", to him it means that HE will repair it rather than a professional. I know that he can't repair it and don't trust his repairs.

Is it more likely that a Judge will ask HIM to repair it or would a Judge ask for it to be taken to a certified mechanic for repair?

I want to take it to a shop this week for an estimate to expedite the matter so I can go ahead and file for a court date.
 

Zigner

Senior Member, Non-Attorney
I disagree with Latigo. A specific warranty was made. The problem you have is that rescission of the sale is not an option. You need to get quotes on repairing the problem and give the seller a chance to pay.
 

Zigner

Senior Member, Non-Attorney
I think it is reasonable to follow the terms of the warranty. I bet a judge would also.
Right - and per the OP, the problem would need to be fixed at the seller's expense. That does NOT say the seller gets to pick who does the repairs. OP needs to get 2 or 3 quotes and then ask the seller to give him the amount of the lowest one.

ETA: OP has given us two versions of what the contract states. Perhaps the OP would be so kind as to give us the ACTUAL language of the contract...?
 

OHRoadwarrior

Senior Member
I suspect a small claims court will take the literal interpretation of the warranty and if OP takes it to the shop of his choice only award him the cost of parts. You are assuming facts not stated in the warranty. It does not say seller will pay for someone to repair.

If within 2 months it is found that water is leaking into the oil, seller will repair
 

azharrb

Junior Member
agreement

Yes, I should have had it checked out by a trained mechanic before agreeing to the deal but that's a lesson learned and a situation to remedy.

Here's the agreement in full:

"Seller keeps tire covers(plastic) including hubcaps and all associated parts. Seller keeps ladder rack.
Truck does not leave property until paid in full($2,000). If within 2 months it is found that water is leaking into the oil, seller will repair. Total of $2,000 to be paid no later than 2-19-13 or buyer pays the price of $3,500 if not paid in full by 2-20-13.

Any repairs needed other than water leaking into oil will be at buyers expense"

Every sentence has both of our initials and the document is signed by both at the bottom.
Names and ID information are at the top.
 

Zigner

Senior Member, Non-Attorney
Yes, I should have had it checked out by a trained mechanic before agreeing to the deal but that's a lesson learned and a situation to remedy.

Here's the agreement in full:

"Seller keeps tire covers(plastic) including hubcaps and all associated parts. Seller keeps ladder rack.
Truck does not leave property until paid in full($2,000). If within 2 months it is found that water is leaking into the oil, seller will repair. Total of $2,000 to be paid no later than 2-19-13 or buyer pays the price of $3,500 if not paid in full by 2-20-13.

Any repairs needed other than water leaking into oil will be at buyers expense"

Every sentence has both of our initials and the document is signed by both at the bottom.
Names and ID information are at the top.
Now I'm embarrassed. Your agreement makes it CLEAR that you need to let the seller repair the problem.
 

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