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

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JessieDr

Junior Member
And as far as him fixing it...it's about $1000+ dollars!!!!! I do not have that!!! And why should I pay him to fix a car he promised me was great!!!! I know, I know...I bought it and signed...so...great. :( Not to mention my lack of faith in his skills at repair now anyway!!
 


Antigone*

Senior Member
And as far as him fixing it...it's about $1000+ dollars!!!!! I do not have that!!! And why should I pay him to fix a car he promised me was great!!!! I know, I know...I bought it and signed...so...great. :( Not to mention my lack of faith in his skills at repair now anyway!!

The root cause here Jessie, is your inability to make a wise purchase. If you are going to be angry with anyone, be angry with yourself.
 

Zigner

Senior Member, Non-Attorney
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.
It really wasn't meant to be snarky. It was meant to offer you a possible option. You stated that you are already making payments - why not add the cost of the repair on to the loan?

Second, I am in VT. I read that verbal promises made and not fulfilled can be reason for suit.
Sure, but AFTER those promises, you signed a WRITTEN agreement that you accepted the car AS-IS
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!!!
He is under no obligation to do so, legally speaking.
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 :(
I'm sorry.
 

Zigner

Senior Member, Non-Attorney
One other thing I'd like to point out. A head gasket doesn't always have symptoms. It's entirely possible that your uncle had no idea that there was any problem with the car. In that case, his assurances were perfectly valid.
 

JessieDr

Junior Member
Sure, maybe I can add cost of repair to the bill I owe...and pay double what the car is worth. That just does not sound reasonable. I am shocked to be honest that this is perfectly acceptable to do to people!!!! :(
Also, I was wise in a sense that I bought it off a mechanic for crying out loud! How many mechanics should you take a car to before buying 2, 3?? I test drove it, seemed ok, so I agreed. The following week when I went to pay and pick it up he said he had to replace the water pump, but all was still well. So ok. Well...turns out that water pump was really the head!! He claims he had no idea, maybe he didn't I don't know. I just know I feel very taken advantage of and very upset that I am stuck with this lemon :(
Thanks for what help was offered in any event.
 

Zigner

Senior Member, Non-Attorney
Sure, maybe I can add cost of repair to the bill I owe...and pay double what the car is worth. That just does not sound reasonable. I am shocked to be honest that this is perfectly acceptable to do to people!!!! :(
Also, I was wise in a sense that I bought it off a mechanic for crying out loud! How many mechanics should you take a car to before buying 2, 3?? I test drove it, seemed ok, so I agreed. The following week when I went to pay and pick it up he said he had to replace the water pump, but all was still well. So ok. Well...turns out that water pump was really the head!! He claims he had no idea, maybe he didn't I don't know. I just know I feel very taken advantage of and very upset that I am stuck with this lemon :(
Thanks for what help was offered in any event.

You're welcome. Sorry you're in this situation.
 

Silverplum

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

Yes, of course it matters. ;) In Vermont, the DMV shows the law on private auto sales: http://dmv.vermont.gov/help#PrivateSale

{deleted dreadful mistake}

+++++++++++++++++++++++++++

For those who like to learn, it's not just California that requires smog certs for selling privately owned vehicles. Colorado also requires a smog cert for any car sale, including private parties, in certain metropolitan areas. http://www.dmv.org/co-colorado/buy-sell/state-regulations.php#Buying-From-a-Private-Party

Facts and logic: I love them so. :cool: :p ;)
 
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Zigner

Senior Member, Non-Attorney
Yes, of course it matters. ;) In Vermont, the DMV shows the law on private auto sales: http://dmv.vermont.gov/help#PrivateSale

In Vermont, a consumer has three business days to cancel an agreement made over the phone, at his or her residence or place of business, or somewhere other than the seller’s regular place of business (e.g. a hotel room).

This would apply to purchases from a dealer - not private-party sales.
 

Silverplum

Senior Member
This would apply to purchases from a dealer - not private-party sales.

:eek: And I was so sure I was reading/copying straight from the private-party portion! :eek:

Poster, I sincerely apologize for raising your hopes with my terrible mistake. :(:(:(

Thank you, Zig, for pointing it out. :o



*shakes tiny fists at the sky*
 

Zigner

Senior Member, Non-Attorney
He just replaced the head and the next day the head gasket went?

Sounds like he may have been negligent when he repaired the vehicle.

No, he replaced the water pump and a few days later the head gasket blew out.

OP is claiming that the problem wasn't the water pump, it was the head gasket all along.
 

Zigner

Senior Member, Non-Attorney
If it makes you feel any better, the buyer would likely need to return the vehicle in substantially the same conditions as when it was received. Our OP couldn't do that.
 

Mass_Shyster

Senior Member
I think OP should take uncle to small claims court and let the judge decide. There are enough questions to wonder if this was, in fact, a good faith transaction.
 

OHRoadwarrior

Senior Member
Sure, maybe I can add cost of repair to the bill I owe...and pay double what the car is worth. That just does not sound reasonable. I am shocked to be honest that this is perfectly acceptable to do to people!!!! :(
Also, I was wise in a sense that I bought it off a mechanic for crying out loud! How many mechanics should you take a car to before buying 2, 3?? I test drove it, seemed ok, so I agreed. The following week when I went to pay and pick it up he said he had to replace the water pump, but all was still well. So ok. Well...turns out that water pump was really the head!! He claims he had no idea, maybe he didn't I don't know. I just know I feel very taken advantage of and very upset that I am stuck with this lemon :(
Thanks for what help was offered in any event.

This paints a different picture. It is likely the engine overheated and the head gasket blew, due to the engine being overheated after you inspected it and agreed to purchase it. As he made a repair to the vehicle after the contract was initiated, then, as a mechanic, certified the repair as having restored the vehicle to the condition it was in at the time of the sales agreement, he failed to live up to his guarantee he repaired the damage. I would get another mechanic to lay out a professional opinion the head gasket was likely caused by the engine being overheated at the time the water pump went out and see uncle in small claims court. I would refuse to make another payment until he remedies his guarantee it was restored back to original condition.

The devil is in the details, so to speak.
 

Zigner

Senior Member, Non-Attorney
This paints a different picture. It is likely the engine overheated and the head gasket blew, due to the engine being overheated after you inspected it and agreed to purchase it. As he made a repair to the vehicle after the contract was initiated, then, as a mechanic, certified the repair as having restored the vehicle to the condition it was in at the time of the sales agreement, he failed to live up to his guarantee he repaired the damage. I would get another mechanic to lay out a professional opinion the head gasket was likely caused by the engine being overheated at the time the water pump went out and see uncle in small claims court. I would refuse to make another payment until he remedies his guarantee it was restored back to original condition.

The devil is in the details, so to speak.

I'm sorry, but where did you see that the repair was done after the contract was entered in to? :confused:
 

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