Can I get my money back?

[karen629]

What is the name of your state (only U.S. law)? PA

I am a PA resident and I bought a car from DE 3 days ago from a private party. I found the car listed online which stated:

Selling 96 Honda Accord ex, all power, strong running 2.2 vtec motor auto trans shifts perfect. car has almost 160k motor has lil over 100k, its got a header and catback exhaust, lowered about 2", full body kit, 17" black rims, cold air intake, black tail lights, has no dents and no rust has few small paint chips, its still tagged and is daily drive. Asking 2800.

He lowered the price to 2200 and I drove 1hr 45mins to purchase the car. He had spoke to my brother and myself and assured us the car was everything stated and more and that it was a heck of a deal. (It was custom painted pink)

Excited, I bought the car. When we went for the test drive he informed me that the turn signal bulbs were out in the front and needed replaced, that the valve cover was leaking and it needed an exhaust gasket (which was only about $7 from the auto parts store, but it can NOT be purchased through them) and the springs had been cut to lower the car, but that was it. After a short drive down the road I realized it was not shifting properly and kicking into passing gear, none of the turn signals worked, the drivers window was not working properly along with the back passenger window and when I pushed the door lock it would make a horrible noise. Once I got the car home and started looking the wiring is all messed up (in the engine and under the dash), the ECU (computer) is not the match to the motor so it will not run properly because there are things not hooked up, the cat back exhaust is not there as stated and to top it off when I turned off the ignition sometimes, the motor itself will not stop running.

I tried to contact him, but got no response. He did not disclose any of this othe rinfo about the amount of work it would need to fix this car. I saved a copy of the listing with the info stated above.

Do I have grounds to ask for my money back or take him to small claims for my money and he can have the car back? If so would it have to be done in my state(PA) or his(DE)? Thanks

 

[TheGeekess]

Did you have your mechanic check out the car before you purchased it? Or an independent mechanic?

Enjoy your new car. You have no case.

 

[Proserpina]

What is the name of your state (only U.S. law)? PA

I am a PA resident and I bought a car from DE 3 days ago from a private party. I found the car listed online which stated:

Selling 96 Honda Accord ex, all power, strong running 2.2 vtec motor auto trans shifts perfect. car has almost 160k motor has lil over 100k, its got a header and catback exhaust, lowered about 2", full body kit, 17" black rims, cold air intake, black tail lights, has no dents and no rust has few small paint chips, its still tagged and is daily drive. Asking 2800.

He lowered the price to 2200 and I drove 1hr 45mins to purchase the car. He had spoke to my brother and myself and assured us the car was everything stated and more and that it was a heck of a deal. (It was custom painted pink)

Excited, I bought the car. When we went for the test drive he informed me that the turn signal bulbs were out in the front and needed replaced, that the valve cover was leaking and it needed an exhaust gasket (which was only about $7 from the auto parts store, but it can NOT be purchased through them) and the springs had been cut to lower the car, but that was it. After a short drive down the road I realized it was not shifting properly and kicking into passing gear, none of the turn signals worked, the drivers window was not working properly along with the back passenger window and when I pushed the door lock it would make a horrible noise. Once I got the car home and started looking the wiring is all messed up (in the engine and under the dash), the ECU (computer) is not the match to the motor so it will not run properly because there are things not hooked up, the cat back exhaust is not there as stated and to top it off when I turned off the ignition sometimes, the motor itself will not stop running.

I tried to contact him, but got no response. He did not disclose any of this othe rinfo about the amount of work it would need to fix this car. I saved a copy of the listing with the info stated above.

Do I have grounds to ask for my money back or take him to small claims for my money and he can have the car back? If so would it have to be done in my state(PA) or his(DE)? Thanks

To clarify, you bought a used car "as is", and without having a mechanic look it over?

If that is the case, I fear you may be completely out of luck.

 

[cyjeff]

You bought a pig in a poke.

A pink pig, at that.

Used cars are purchased "as is". As stated above, you really don't have much of a case. You can try to sue in small claims court in DE, but that would only be for the things listed that were not present.

How could you have not realized all of the issues with the car during the test drive?

You must have been mentally impaired from the color.

Enjoy your car.

 

[karen629]

How could you have not realized all of the issues with the car during the test drive?

Because we went a short distance and not a highway where I could actually feel and hear the engine. We never went in an area where I was or or had to kick in passing gear.

O and I'm not a mechanic thats why I didnt know all this. How was I to know that the wiring had been tampered with?

Even though I have a copy of the listing stating it shifts perfect which it does not, and the exhaust which is not there, I cant do anything? It will cost more in repairs than what I pd for the car or what its worth. The seller did not disclose all that was wrong with the car.
I thought that as a seller you had to disclose all that you knew was wrong prior to the sale.

 

[TheGeekess]

Because we went a short distance and not a highway where I could actually feel and hear the engine. We never went in an area where I was or or had to kick in passing gear.

O and I'm not a mechanic thats why I didnt know all this. How was I to know that the wiring had been tampered with?

Even though I have a copy of the listing stating it shifts perfect which it does not, and the exhaust which is not there, I cant do anything? It will cost more in repairs than what I pd for the car or what its worth. The seller did not disclose all that was wrong with the car.
I thought that as a seller you had to disclose all that you knew was wrong prior to the sale.

That's why you have someone who is a mechanic check out any used car before you buy it.

Enjoy your car.

 

[cyjeff]

I thought that as a seller you had to disclose all that you knew was wrong prior to the sale.

Nope. Not at all.

There is even a Latin saying that covers this process - Caveat Emptor. It means "Let the buyer beware."

You trusted a man you never met before that was selling you a used pink car.

You already should have known he had questionable judgement.

 

[Just Blue]

It amazes me that a person would buy a POS 15 year old car without having an inspection by a qualified mechanic.

That said.

You MIGHT, POSSIBLY have recourse if the car can not pass inspection.

 

[karen629]

You already should have known he had questionable judgement.

It was his girlfriends car. And I love pink.

It amazes me that a person would buy a POS 15 year old car without having an inspection by a qualified mechanic.

Yeah you're right, I should have but I didnt.

You MIGHT, POSSIBLY have recourse if the car can not pass inspection.

In PA, the emissions has to be done prior to inspection. They will NOT do emissions if the check engine light (CEL) is on. The bulb was removed for the CEL, therefore I did NOT know there was a problem. I had no way of knowing during the initial inspection of car.

 

[sandyclaus]

Seriously, since you are not a mechanic yourself, nor mechanically inclined, I would personally never have taken someone else's word for the condition of their car. You WOULD have known all of these problems existed if you had thought ahead and brought your mechanic to inspect the vehicle. It's the smart thing to do when you know you can't accurately judge the condition yourself.

It appears you have bought yourself a whole bunch of PINK lemonade. At least you love the color.

 

[karen629]

You WOULD have known all of these problems existed if you had thought ahead and brought your mechanic to inspect the vehicle.

Funny how everyone keeps saying this, but a mechanic and an elecrical guy checked out the car yesterday. Told me that is wasnt going to be that bad to fix. Once they started taking the dash apart, they themselves realized the wires were melted and touching or exposed. They themselves told me they would NOT have got under there and pulled out all the wiring under the dash to check.
They also told me that they would NOT have thought to check if the ECU(computer, that is under the carpet on the passenger floor screwed to the floor) matched the numers to the engine.

So before ppl on these law forums start thinking of me as an idoit that bought a pink car and got screwed. Would YOU have checked that yourself? Ask your mechanic if he would have done it. 99% will say NO. So those who say I WOULD have and SHOULD have, maybe you should check with your ppl and see what they would have done.
Ask them if they would've pulled out the wires under the dash and checked to see if the ECU matched the engine then LMK what the response is.

Seriously, since you are not a mechanic yourself, nor mechanically inclined,

And since you dont know me you dont know that YES, I am actually with cetain vehicles mechanically inclined. I have worked on numerous vehicles, and replaced several motors and trannys. I'm just not certified and don't claim to be a mechanic. I can say parts replacer tho. I DO NOT know anything about Honda.

 

[Proserpina]

Funny how everyone keeps saying this, but a mechanic and an elecrical guy checked out the car yesterday. Told me that is wasnt going to be that bad to fix. Once they started taking the dash apart, they themselves realized the wires were melted and touching or exposed. They themselves told me they would NOT have got under there and pulled out all the wiring under the dash to check.
They also told me that they would NOT have thought to check if the ECU(computer, that is under the carpet on the passenger floor screwed to the floor) matched the numers to the engine.

So before ppl on these law forums start thinking of me as an idoit that bought a pink car and got screwed. Would YOU have checked that yourself? Ask your mechanic if he would have done it. 99% will say NO. So those who say I WOULD have and SHOULD have, maybe you should check with your ppl and see what they would have done.
Ask them if they would've pulled out the wires under the dash and checked to see if the ECU matched the engine then LMK what the response is.


And since you dont know me you dont know that YES, I am actually with cetain vehicles mechanically inclined. I have worked on numerous vehicles, and replaced several motors and trannys. I'm just not certified and don't claim to be a mechanic. I can say parts replacer tho. I DO NOT know anything about Honda.

Alrighty then.

However, it doesn't change the bottom line...

 

[karen629]

However, it doesn't change the bottom line...

You're right it doesn't. But the ppl on here that wanna assume and put me down because I bought a pink car (which is no different than the normal color car you prolly drive) and my lack of mechanical knowledge. This is a question and answer forum.


My original question was

Do I have grounds to ask for my money back or take him to small claims for my money and he can have the car back? If so would it have to be done in my state(PA) or his(DE)? Thanks

And BTW, for those who know nothing about these car which I assume is NONE of you. This is a high performance car that would have a system and be in car shows. If ya don't like the color or idea of it-BACK OFF and keep your mouth shut, its mine and I LOVE the color. If you can't help with my question and have no law knowledge of what I'm asking DONT comment on my thread.

 

[Proserpina]

You're right it doesn't. But the ppl on here that wanna assume and put me down because I bought a pink car (which is no different than the normal color car you prolly drive) and my lack of mechanical knowledge. This is a question and answer forum.


My original question was


And BTW, for those who know nothing about these car which I assume is NONE of you. This is a high performance car that would have a system and be in car shows. If ya don't like the color or idea of it-BACK OFF and keep your mouth shut, its mine and I LOVE the color. If you can't help with my question and have no law knowledge of what I'm asking DONT comment on my thread.

You may find that this is also a "be courteous to the volunteers if you actually want help" forum.

In other words - do try not to alienate the folk who can help you...

 

[karen629]

I'm cool with that an all but its the comments like this that just tick me off and I find unnecessary

You trusted a man you never met before that was selling you a used pink car.

You already should have known he had questionable judgement.

It amazes me that a person would buy a POS 15 year old car without having an inspection by a qualified mechanic.

You bought a pig in a poke.

A pink pig, at that.

You must have been mentally impaired from the color.

So seriously?! I mean the very first 2 responses were enough. Got the point then. PPL don't have to pass judgement when they know nothing about me. I am actually very intelligent and I know alot about the law, but this topic I had no clue about. So thanks for the responses. Guess I'll have to do more research of my own