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

[OHRoadwarrior]

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

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.

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[Zigner]

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No, that says there were negotiations. The contract was entered in to AFTER the repairs were made.

 

[OHRoadwarrior]

No, that says there were negotiations. The contract was entered in to AFTER the repairs were made.

I disagree, though statute of frauds would dictate the deal need be in writing and no initial consideration appears to have changed hands, promissory estoppel and unjust enrichment can be argued.

 

[Zigner]

I disagree, though statute of frauds would dictate the deal need be in writing and no initial consideration appears to have changed hands, promissory estoppel and unjust enrichment can be argued.

The vehicle was bought AS-IS after being informed of the work done.

 

[OHRoadwarrior]

The vehicle was bought AS-IS after being informed of the work done.

I suggest you review promissory estoppel. OP relied on assertions made by the seller/mechanic, the underlying characteristics of the vehicle were exactly the same as when OP inspected the vehicle. This assertion was false. Therefore, the terms under which OP bought the vehicle were misrepresented. This misrepresentation led to the seller receiving unjust enrichment. AS-IS, was represented as being the condition the vehicle was in, when OP inspected it, the week before. It will be interesting to see how the judge will rule if OP's uncle does not fix the cars engine correctly.

 

[Zigner]

I suggest you review promissory estoppel. OP relied on assertions made by the seller/mechanic, the underlying characteristics of the vehicle were exactly the same as when OP inspected the vehicle. This assertion was false. Therefore, the terms under which OP bought the vehicle were misrepresented.

OP was informed PRIOR TO THE FORMATION OF THE CONTRACT of the repairs done to the vehicle. No misrepresentation.

This misrepresentation led to the seller receiving unjust enrichment.

False - no misrepresentation occurred.

AS-IS, was represented as being the condition the vehicle was in, when OP inspected it, the week before.

The OP still had the opportunity for further inspection before entering the contract. OP refused the opportunity AGAIN and contracted for an as-is sale.

It will be interesting to see how the judge will rule if OP's uncle does not fix the cars engine correctly.

Uncle is under no legal obligation to fix the vehicle.

 

[CameronNewport]

Although the general rule is that in "as is" transactions, the buyer accepts the vehicle with all defects known or unknown, there is an exception when the seller misrepresents the condition of the vehicle in order to induce a sale.

I submit that if this ends up in small claims court, and if the OP testifies that the seller, a mechanic, promised her that the car was in a certain condition, and if it was not in the promised condition, then she has a good chance to win regardless of the "as is" clause.

 

[OHRoadwarrior]

OP was informed PRIOR TO THE FORMATION OF THE CONTRACT of the repairs done to the vehicle. No misrepresentation.


False - no misrepresentation occurred.
The OP still had the opportunity for further inspection before entering the contract. OP refused the opportunity AGAIN and contracted for an as-is sale.

Uncle is under no legal obligation to fix the vehicle.

We disagree. It seems Cameron and I agree. The sale occurred due to a misrepresentation of the cars condition. Had it been by a normal person, I believe OP would be out of luck. As it happened with a mechanic, who should have been able to asses the potential for damage and resulting damage, based on experience, the commitment to the vehicles still being in the same condition was false and seller should have known that. For a paltry filing fee, it is certainly worth allowing the judge to decide, if uncle refuses to pay for the fix.

 

[nanu156]

So you bought a 1500.00 car... In a state where 1500.00 won't buy much of a car at all (here in mi used car prices are significantly lower, and 1500 buys a barely running needs work kind of car)

Now it needs a HG... First Head Gasket failure can just happen, it doesn't mean that it was leaking the day before. You can try a bottle of BARS stop leak available at any auto parts store. Buy the head gasket/block sealer type. Don't buy blue devil, it's junk.

What kind of car is this. Typically Head Gasket repair is going to run 1400-1800 but some makes may actually be more. I don't know that I would invest that kind of money into a 1500.00 car, so I would try the stop leak route first.

Used car sales in VT are as is when its private party to private party. If he holds a dealers license you may have recourse. Lots of mechanics do get dealers licenses, if he has one you can make some claims, but would have to prove that he KNEW that the Head Gasket was bad prior to the sale of the car.

How have you come to the understanding that the Head Gasket is to blame for what I can only assume is an overheat issue? Maybe it is a hose, or a radiator, or a clogged heater core, has a repair facility made this determination?

 

[Astrolink]

Just wanted to add that I would get a second opinion as to exactly why the car is overheating. Although a blown head gasket can be the culprit, it is more common for the intake gaskets to be blown, which cost closer to $600 to replace for most vehicles.

 

[nikefiz]

After reading post after post of people getting screwed by the " as-is" part in a contract is there another way you professionals write your contracts up ? Do you bring your own bill of sale to a deal ?
I understand some will say to get it looked at by a mechanic or professional and that is great advice, but sometimes things get looked over or missed...

 

[Antigone*]

After reading post after post of people getting screwed by the " as-is" part in a contract is there another way you professionals write your contracts up ? Do you bring your own bill of sale to a deal ?
I understand some will say to get it looked at by a mechanic or professional and that is great advice, but sometimes things get looked over or missed...

First, pleae don't necropost. Second, we don't write up contracts. Private-party used car sales are generally "as-is" and if it is not the seller is not very smart.

 

[OHRoadwarrior]

I have been repairing cars since I was 10 years old. Before buying a car, I first Google the make and model to see what long term problems people have had. I then inspect the vehicle generally and look specifically for accident repairs and model specific defects. I then give the vehicle a test drive over all conditions, IE.. high speed, low speed, reverse. I check lower gears 2,1 and 4 wheel drive if applicable. Once the vehicle has passed all those tests, I independently test all equipment/lights for proper operation. If I have found no major negatives, I casually bring up all latent defects I discovered with the seller and negotiate price based on them.

 

[Antigone*]

I have been repairing cars since I was 10 years old. Before buying a car, I first Google the make and model to see what long term problems people have had. I then inspect the vehicle generally and look specifically for accident repairs and model specific defects. I then give the vehicle a test drive over all conditions, IE.. high speed, low speed, reverse. I check lower gears 2,1 and 4 wheel drive if applicable. Once the vehicle has passed all those tests, I independently test all equipment/lights for proper operation. If I have found no major negatives, I casually bring up all latent defects I discovered with the seller and negotiate price based on them.

You Googled when you were 10???

 

[OHRoadwarrior]

You Googled when you were 10???

ROFL, when I was 10, cars weren't so complex and Google had not only never been considered, there was no place for it to have existed.