<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by brich:
I bought a used vehicle from an individual, 65 miles and 2 days as new owners the transmission went out. The vehicle has a rare trans and will cost more to replace than what we paid for vehicle. Paid $1700 for auto. Repairs are already totaling $1100 and not fixed yet. I stopped payment on the check for the auto after attempting to get some money returned or to return vehicle. Past owner will do nothing. Says it is our problem now. What do we do????<HR></BLOCKQUOTE>
My response:
Congratulations!! You've just opened yourself up to litigation for breach of contract, anticipatory breach of contract, and bad faith. Damages against you the likes of which you've never seen. Why?
All because you bought a used vehicle, that doesn't mean it comes with a warranty or guarantee of any kind. This was a private sale, and as such, and in the absence of fraud on the seller's part (which is next to impossible to prove), you had an obligation to yourself to have the vehicle inspected by your own mechanic before you purchased the vehicle. The car is yours, and you really did the wrong thing by breaching the contract. When buying from a private party, and without proof of fraud, it's "Buyer Beware." If I were you, I'd make good on that check before the seller goes to an attorney.
IAAL
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