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[willdernessgirl]

Jurisdiction/Place:

I just purchased a used vehicle privately.

I test drove the vehicle the night prior - seemed to run fine. My only concern was that the check engine light came on once while driving - when I turned the vehicle off, the light went off. I asked the seller about it - they told me that in older model vehicles, the check engine light often comes on but it is nothing - he admitted it has come on before, he disconnects battery cables to "reset" the engine and it is fine. Told me the vehicle drove like a dream and they had never had any trouble with it at all. They said they had it safetied 3 months prior but did not show me safety certificate. They told me that they didn't think it needed anything for a safety, but maybe a new windshield and for that they would knock $300 off the asking price. Vehicle body was in very good condition.

We settled on a price and they agreed to drop the vehicle off at the auto shop first thing in the morning for me so I could get the safety on it. I paid cash for the vehicle and they gave me a hand written receipt for the agreed price and wrote "as is" on the receipt.

They did not have the vehicle at the shop for 8 am like they had agreed. I left several messages on their machine and they finally dropped the vehicle off at around noon. I had explained to them that I wanted the vehicle safetied before noon so I could go to the DMV and get it on the road. By the time they got it there, it was too late to get everything ready so I had to get a 10 day permit so I could drive it home for the weekend.

I made two trips with it and was heading back home for the last time when it lost power - gauges were fine, but it wouldn't go over 50 Km/h. It was low on gas so I figured it was sucking fumes and so I went to the nearest gas station. It stalled just as I pulled up to the pump and then overheated. I figured I probably needed to top up the rad fluid so I let it cool down, put gas in it, checked oil (was over full) and then added rad fluid. I then started it up and it began to make a very load knocking noise. I managed to limp it home but the knocking sound remained very loud.

I immediately called the people I bought it from and left a message - they called back the next day but I wasn't home. I called them the following day and again left a message - they did not call back. I called again later that day and talked to the woman and explained what happened. She sounded surprised and said she would ask her husband and have him call me back. He called back later that day and we let him hear the engine over the phone. He said that he didn't know what happened but they had never had any trouble with the vehicle whatsoever and he didn't know what to tell me.

I called my friend's father who is a mechanic - he wasn't able to come right away but came today (5 days later) and looked at the vehicle - motor is going to need to be replaced - will cost anywhere from $1000 - $3000 depending on whether I can find a used motor or have to buy a new one.

I paid $1900 for the vehicle - they were asking $2850 for it. I cannot afford to buy another vehicle and really can't afford to spend over $1000 on fixing this one - I need a vehicle because I live out in the country so right now I'm stranded at home with a nice looking, useless vehicle in my driveway.

On the advice of my friend's father, I called the person I bought the vehicle from today and told him what was going on (motor needed to be replaced). He asked me what I wanted him to do about it ... I said I wanted to return the vehicle. He said he couldn't do that - what was he going to do with a broken down truck. I was very nice to him (actually I started to cry) but explained my financial situation and that I couldn't afford the repairs and that it was useless to me as well. He again stated he couldn't do anything with it if the motor was no good ... said he'd spent the money already ... and that if he had lots of money he'd give it back to me but he didn't have $1900 to give to me and again said "what am i going to do with a broken down truck".

I tried to keep things friendly and he said he'd call around and see if he could find me a motor for the truck and that was the end of the conversation.

Given this ... do I have a case for small claims court? Do I have any recourse? It would be one thing if I got to drive it for a while ... but I didn't even have it for more than a few hours before it broke down so it couldn't have been anything I did ...

Any advice???

[seniorjudge]

Go to small claims court.

The judge will tell you if you have a case.