Can I take this to court? I got screwed buying a used car

[Doom Sayer]

What is the name of your state? Virginia.

I bought a used car from a private seller about a week ago. The ad in the paper said that it has a rebuilt engine with 3k miles on it. When I went to go look at the car she told me in person that it was rebuilt 3k miles ago, and I have a witness to prove that. So anyway, I started having problems with the car a couple of days ago, took it to my mechanic and he checked it out. He then told me I need a new engine because it wasn't running on one of the cylinders and the valves and rings were burnt, He said that engine was never rebuilt. The bolts were never touched at all.... I called the person who I bought it from hoping she'd be nice enough to help me out and do the right thing since she lied about it. She then refused to help me, or take the car back and give me my money back. Is there anything I can do about this? The only proof that I have is the ad in the paper that says its rebuilt 3k miles ago, the witness that was with me when I looked at the car and bought it, and the mechanic that said he would go with me to court. It'd be different if there really was a rebuilt engine and it went bad on me after I got it, but the fact that it NEVER was ever rebuilt and I bought it as being rebuilt. I have proof that she said it was rebuilt, both a witness and the ad in the paper as proof, and my mechanic. I think something should be done about this.

 

[teflon_jones]

Sue the other party in small claims court for breach of contract.

 

[dallas702]

Your chances are less than 50/50 though because you should have checked the out engine BEFORE you bought the car. Your ignorance of mechanics doesn't mean you automatically get a pass. An experienced or competent person would have seen that the bolts from the valve covers, intake and exhaust manifolds, heads, oil pan, water pump and other accessories, etc. had not been removed. The engine may have been washed, but that's not anything like being removed, disassembled, and reinstalled.

Did your seller lie? Obviously. Can you get $$$ for that? Maybe. Would it be worth the $25 or so to find out in small claims court? Sure. Would it be worth the lesson and education? Definitely!

Will you take a competent person with you next time you buy any used car? That depends on what you learn from this.

 

[Doom Sayer]

Sue the other party in small claims court for breach of contract.

Wouldn't that mean there had to be a written and signed contract in order to sue her for that?

 

[dallas702]

Good point. A "breach of contract" filing would be tossed out. It would have to be material misrepresentation, but still gonna be tough.

 

[Doom Sayer]

Why is it going to be so tough? Just because I lack mechanic expericence shouldn't have an affect on this. Bottome line is I should be able to get it back because the car advertised was not what I got.

 

[dallas702]

A little legal theory called "caveat emptor".