Overhaulin'

Breach of contract - Used car sale?

I bought a car recently for $850. The vehicle was not running at the time but the owner assured me that it ran perfectly and there were no engine mechanical problems. Keeping this in mind, I wrote up a contract when I bought the car that explicitly states that I would be entitled to return of the car and a complete refund if, and only if the vehicle exhibits engine mechanical problems that would normally constitute engine replacement. The limites expressed warranty is only effective for five miles. The car looked a little shady but I bought it anyway to avoid towing it back at my expense and since I had an expressed warranty (I haven't driven it at all). After some diagnosis I have found out that the engine is bad, and the owner refuses to refund my money for the vehicle. The contract is unambiguous so much that he doesn't have a leg to stand on in court. I want to know to what extent I can charge for damages, and what corners can I expect him to try to work to get out of this? Thanks for the replies. I have visual evidence that proves that the vehicle could not have broken in my possession: the crankshaft keyway had broken and the crank pulley ground out an abnormal hole in the crank. This can ONLY happen as a result of driving the vehicle for hundreds of hours with a bad harmonic balancer; something I obviously could not do even if I tried within three days. Moreover, I have audible (recorded) evidence that he knew this was going on when he sold me the vehicle, but neglected to inform me. The contract states that the vehicle is sold "AS IS with one exception", the exception being that he agreed to refund my money if the engine had mechanical problems within the next five miles; I have not put a single mile on it since I got it. This is very explicit; it doesn't matter what condition it was in when I got it. He warranteed the car for a certain period, and signed an agreement to that effect.

Public Comments

1. Good Luck! These kind of contracts are notoriously difficult to uphold. Small claims is your only hope.
2. You will not have a case. All he has to say was the car was fine when you picked it up. Once you took possession of a AS-IS car. You will have to prove without reasonable doubt the motor was bad before you picked it up. He will say the motor was fine and it broke while in your possession and you have to prove it did not, in which their is no way you can do that. Try small claims court. Somehow you have to prove it was bad beofre you picked it up. More than likely a judge will tell you it your responsibilty before you take delivery. The old owner could say the vehicle ran perfect whenyou picked it up and you have to prove it did not.