Please Help

[LONDON1234]

What is the name of your state? Louisiana
I purchase a used car on 12/06/02 for $1700.00 cash. Purchase car from a person who buy cars from the auction. Noticed when I got the car the oil change notice on window was a few miles over. Car was for my son Xmas present. Sent son who is 17 to walmart to get oil changed. My son informed me he had to sign a release form, didn't know why and didn't think much of it. Well today the car stopped and I was informed the motor gone. Went back to Walmart to see why son had to sign release form, Tech informed me that when the car came in it didnt have a drop of oil, review the reciept it noted on the receipt tires need change and "Prior oil leak". What are my rights, can i go after the person who sold me the car or it's my lost. Not sure what the lemon law is and if it apply in this case. I haven't had the title switch yet, is it necessary for me to spend out more money(to get titile) on a 1988 Toyota that I will never be able to drive since I was told it would cost me over $2000.00 to get another motor. By the way no warrant was given on the car. Please advise what I can do to recove any of my cash. I'm really need help

Thanks in advance for any clever advice or tactic I can use when contacting the seller, which I plan on doing once I find out my rights. Want to be prepared when I confront Him.

 

[rmcnellis]

just my personal opinion, but i would go after walmart. if the repair order said nothing about the engine have no oil in it, they can't prove it didn't. in other words, as long as you can prove the engine failed due to lack of lubrication, it looks like walmart forgot to fill your engine back up with oil. "prior oil leak" doesn't indicate that there was no oil in the engine, nor does it indicate that the oil leak was so severe that all the oil could've leaked out of the engine from the time you had the oil changed. bottom line: if the engine failure = lack of lubrication = new engine courtesy of walmart.

 

[LONDON1234]

Help Please

Walmart had my son to sign a release. When I went there today, he informed me that is the very reason they did that 2 cya"cover there azz. So how do i prove that.

 

[JETX]

Contrary to others opinions... you have no claim against either the auction or Wal-Mart.

Reasons:
1) Auction: Look at your auction papers. It is very common that they have an 'as-is' clause (I would be very surprised if they didn't).
2) Wal-Mart: The paperwork clearly indicated that the car came in with little or no oil. They protected themselves by having the 'customer' sign notice.
3) The LA 'lemon law' only applies to 'manufacturers dealers (new cars) and not used.

However, you do have a possible out. LA has what is called a 'redhibition' claim, which is somewhat like a 'warranty of merchantability'. That could be affected by the auction documents. I suggest you call an attorney in LA. The best known on this subject is:
Fred Pharis
Alexandria, LA 71301
(318) 445-8266
website: http://www.pharislaw.com/index.htm

 

[LONDON1234]

Attn: JETX

I need to clear up something, The seller is a dealer who purchase cars from the auction, so i don't have any paperwork from the auction only my bill of sale. He doesn't work for the auction, just buy cars from there. Just find out from my very close friend who did look at the car He (seller) got the car from the a dealership not from the auction. I assume the dearlership; has some type of arrangement when cars come in they call him. So Do i still have a case and should I contact the person u mentioned in your last posting.


Thank Again for all your help, This is about to kill me

 

[LONDON1234]

attn: jetx

I need to clear up something, The seller is a dealer who purchase cars from the auction, so i don't have any paperwork from the auction only my bill of sale. He doesn't work for the auction, just buy cars from there. Just find out from my very close friend who did look at the car He (seller) got the car from the a dealership not from the auction. I assume the dearlership; has some type of arrangement when cars come in they call him. So Do i still have a case and should I contact the person u mentioned in your last posting.


Thank Again for all your help, This is about to kill me

PS: Sorry If i broke the rule and post twice but I wanted you to get this messg.

 

[LONDON1234]

new information

A rep from walmart came to my house on yesterday, looked at the car said car had oil, didn't understand why it locked. He did another oil change on the spot. Rep notice the oil filter was clean, proceed with new oil change. Notice again filter was clean. I asked him, if he notice it was clean on yesterday, why didn't the oil tech notice that and informed me immediately that oil was not going thur proper. Rep informed me he wouldnt have known that on that day. Is that true, from what I have been told not so. Can anyone tell me if it is legally to have a 17 yr old to sign papers for something as serious as this. I was also informed to ask if son signed after the change or before not sure if it make a difference.


Anyone with advice?