Bought car AS IS, promised good...1 day after head gasket blew. HELP!

[JessieDr]

I bought a used car on Friday private party from a mechanic. I paid $700 down and agreed to make payments on the rest. I was ASSURED this car was good. The person KNEW I was only buying the car because I needed something reliable and decent that needed NO MAJOR WORK!! They told me it was! So, based on his word I signed AS-IS paperwork. Saturday, YES, the day AFTER I BOUGHT IT, the head gasket blew. Now I still owe $$ on a car I cannot drive and am screwed from signing the paperwork. He states AS IS means it's my problem now. I want my $$ back and he can have the car...do I have any case to demand my money back or am I just out of luck

 

[Antigone*]

I bought a used car on Friday private party from a mechanic. I paid $700 down and agreed to make payments on the rest. I was ASSURED this car was good. The person KNEW I was only buying the car because I needed something reliable and decent that needed NO MAJOR WORK!! They told me it was! So, based on his word I signed AS-IS paperwork. Saturday, YES, the day AFTER I BOUGHT IT, the head gasket blew. Now I still owe $$ on a car I cannot drive and am screwed from signing the paperwork. He states AS IS means it's my problem now. I want my $$ back and he can have the car...do I have any case to demand my money back or am I just out of luck

Enjoy your new car.

 

[OHRoadwarrior]

You should have taken it to another mechanic before buying it. It is yours now, unless you are in a state like CA where emissions requirements must also be met for a sale to be valid.

 

[Zigner]

I would like to add...US Law Only

 

[JessieDr]

So if I refuse to make any more payments, he can sue me and win? Based on the fact that I signed the paperwork...even though he verbally told me there were no issues and it needed no major work?
Oh and by the way, this mechanic is also my Uncle...sad as that sounds!

 

[xylene]

So if I refuse to make any more payments, he can sue me and win?

Yes, absolutely, of course.

 

[Antigone*]

So if I refuse to make any more payments, he can sue me and win? Based on the fact that I signed the paperwork...even though he verbally told me there were no issues and it needed no major work?
Oh and by the way, this mechanic is also my Uncle...sad as that sounds!

That would be a firm and resounding YES.

 

[JessieDr]

Great, I think I am gonna go cry I had to make arrangements on my RENT and everything else to buy this car under a promise it would be a good car. Now I have no car and am forced to pay another $800 on a lawn ornament I can't afford to fix. How is that fair

 

[Zigner]

You should have taken it to another mechanic before buying it. It is yours now, unless you are in a state like CA where emissions requirements must also be met for a sale to be valid.

Let's assume this took place in California.
Let's assume that the proper paperwork was provided (ie: SMOG cert)
Let's assume that the gasket blew the day after the purchase was made.

The sale is perfectly valid.

Now, let's assume that a SMOG cert wasn't provided. Do you have evidence that rescission of the sale is a remedy available?

 

[tranquility]

Not only what the others have written, but also if there is a bill of sale saying "as is", prior or contemporaneous verbal statements will not be admissible in court. Even if he specifically told the OP the head gasket is good.

 

[Zigner]

Great, I think I am gonna go cry I had to make arrangements on my RENT and everything else to buy this car under a promise it would be a good car. Now I have no car and am forced to pay another $800 on a lawn ornament I can't afford to fix. How is that fair

It's not - neither is life.
Ask uncle for a loan.

 

[Zigner]

For the OP: What state are you in? It may matter.

 

[Antigone*]

It's not - neither is life.
Ask uncle for a loan.

Or ask him to fix the car and you'll pay him to do it.

 

[JessieDr]

Ok first...snarky remarks like "ask Uncle for a loan" really not needed to a single mother of 2 who is really struggling with this!! But thanks, hope you got a good laugh while I am in total despair. Awesome on you.

Second, I am in VT. I read that verbal promises made and not fulfilled can be reason for suit. Now, i do not want to sue him at all!!! I just plan on talking to him again today to get him to at least give me back SOME of my money and take the car so I can figure something else out!!! But I do not think it will go well and I want my ducks in a row you know?

And I now realize you can't trust ANYONE even a mechanic who is family

 

[Antigone*]

Ok first...snarky remarks like "ask Uncle for a loan" really not needed to a single mother of 2 who is really struggling with this!! But thanks, hope you got a good laugh while I am in total despair. Awesome on you.

Second, I am in VT. I read that verbal promises made and not fulfilled can be reason for suit. Now, i do not want to sue him at all!!! I just plan on talking to him again today to get him to at least give me back SOME of my money and take the car so I can figure something else out!!! But I do not think it will go well and I want my ducks in a row you know?

And I now realize you can't trust ANYONE even a mechanic who is family

Lady, you had a contract. Period, end of story, ducks or no ducks.