Purchased a car and need advice

[mpulsegto]

Jurisdiction

Oklahoma

Hi! I need a little advice and hope someone can help. I purchased a car from an acquaintance around 7/8/2016. I paid 5500 of his 7000 asking price and he agreed to take payments on the remaining 1500. The title has been changed over to me and I began driving it. About a week later it started acting crazy on the highway so I pulled over. I had it taken to a shop. Long story short, a month after it being in the shop I had to drop $4k on an engine rebuild and coolant system parts. According to the shop the head had been poorly welded "very recently" and the coolant system was full of stop leak Which caused many issues and the motor threw a rod. While I realize that typically the right thing to do is to pay this guy til it's all over with I feel like he knew it had these issues going on and that he probably had the work done himself. If I did choose to stop paying, what could he do? I feel on his part the right thing to do would be to leave me alone bc ultimately I'm into this car for almost 10k at this point and I feel he should owe me the difference so he should call it even. And I realize the buyer beware stuff, trust me but with things that internal I had no way of knowing without tearing the motor down to look.

 

[adjusterjack]

If I did choose to stop paying, what could he do

Sue you for the balance.

Which would give you the opportunity to countersue to rescind the deal due to fraud.

How far you get is anybody's guess because when you buy a used car you buy it AS IS and it's up to you to get it checked out before you hand over the money otherwise you end up stuck.

I feel on his part the right thing to do would be to leave me alone bc ultimately I'm into this car for almost 10k at this point and I feel he should owe me the difference so he should call it even.

Well, then tell him what your "feelings" are and see what he says. You don't have much leverage unless you are willing to sue him and prove intentional fraud.

 

[mpulsegto]

That's about what I figured. Thank you!

 

[army judge]

Never buy ANYTHING from a friend because the closer you allow a person to get to you, the easier it is for the person to screw you.

Buyer beware is good advice, better advice don't buy USED stuff from friends or strangers!

 

[txls]

If you didn't sign anything regarding the balance due, it would be difficult for him to collect.
Just realize that if he does take you to small claims court, your "feelings" don't mean a thing.

 

[Michael Wechsler]

One question not asked is whether the seller made any representations to you or implied something, e.g. the car is and has been in perfect working order or that it hasn't been serviced recently, etc. If nothing has been discussed then you take the car AS IS. But if it was bought on the basis of representations made by the seller, you could have a claim. Even oral representations count except that proof becomes difficult and may come down to an issue of credibility in court. Given the time, effort and difficulties with making your case based upon oral testimony, most will get the car inspected by a mechanic prior to purchase in order to avoid the problem you're having.