Private party auto sale question

[heyjay]

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

Hello all... I have a question about taking a person to small claims over a private party auto sale. I realize the car isn't covered by the lemon law and that buying a car private party is considered 'as-is', but I believe the car was misrepresented.

The main problem I have is that the car was represented in person and in the autotrader ad as "Engine is quiet and does not use oil". It turns out, the oil pan was rusted out, and the exhaust manifold had a significant leak, meaning both parts of that statement are untrue. I did not test drive the vehicle because it was not on the road.

It wouldn't even be an issue to me, except the extent of the manifold damage is significant, and may extend into the engine's connection to the manifold... which means a very expensive repair. Even then, I know I may not have much to work with, but my mechanic discovered that the previous owner did a cob job to patch it up, which even made things worse by making it difficult to remove the manifold bolts. The previous owner acknoledged to me exhaust work was done in an email after I purchased the vehicle, and also acknowledged the exhaust leak and noise, which seems to go against his original claim of having a well running, quiet engine.

Do I have any ground to stand on, or am I out all of the repair fees?

Thanks.

 

[You Are Guilty]

My guess is you'd lose, both on the basis of an as-is sale, and because "quiet" is subjective and "uses no oil" does not mean "oil pan isn't rusted". However, small claims is a crap shoot and all you have to lose is about $20 and your time, so why not give it a shot?

 

[heyjay]

Thanks for the response. I figured I'm pretty much out of luck, but you never know.

I don't even care about the oil leak... it's a quick and easy job to replace the oil pan, but the manifold is turning into a nightmare. I know quiet is subjective, but the engine would not be considered quiet to a reasonable person; it basically sounds like a school bus.

I just wasn't sure if the seller failing to disclose the significant exhaust leak and describing the car inaccuratley would work in my benefit.

Right now the car is in the shop with the manifold off, waiting for the head mechanic to check it out exactly how much needs to be done on Monday so I guess I'll figure out what to do then.

 

[BL]

When the Judge or arbitrator ask you " do you know what AS-IS means " ?

Tell the Judge what as-is meant to me , was/is as-is that it was advertised for .

But let me ask you this .

Was YOUR sales receipt marked AS-IS ?

If not you have a shot .

If so , it's really iffy .

I went through a Trial De Novo over an advertised sale .

No AS-IS on my receipt , but ironically one appeared on the seller's copy .

I believe the Judge was really leaning in my favor , until I got nervous and slipped up from him asking me again , did I buy it as is , yes or no .

So be careful of what you say .