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Old 08-30-2005, 04:17 PM   #1
lilcoatman
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i feel cheated

i have just bought a 1990 toyota celica and in the ad it said the engine is clean and runs nice well i asked the seller 3 times if anything at all was wrong with it he told me no and after we were done talking he left and i was ledft with the car so i put on the plates and had the car going down the high way well halfway home the engine messes up and over heats and sprays oil everywhere . do i have the right to a refund because of this .please answer this soon thank you.
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Old 08-31-2005, 08:00 AM   #2
CraigFL
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Re: i feel cheated

Most states recognize uses car sales as "as-is" type. This means that you buy the car just as it is and it is your responsibility to check out/have the car checked out. During the presale it generally allowed to have the seller do some "puffing" which is a legal term used to describe the seller talking about his car in order to sell it. This means that terms like "it's a cream puff", "top mechanical condition", an other things are perfectly acceptable. What is generally NOT acceptable is implied/specific warranties that may not be true like -- "this car will get you around town for the next year with no problems" or "the engine was just rebuilt last month"--(and it wasn't).
Your claim, probably in small claims court, would be very dependant on exactly what the seller said -- it will be your word against his. Your problem will be if you did not have your mechanic check it out before you bought it and why you didn't do this. If the problem is serious and would have been discovered during a pre-purchase inspection, the problem may be yours.
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Old 08-31-2005, 09:43 AM   #3
lilcoatman
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thank you for your reply i know alot about cars but i was just stumped yesterday but i figured out what was wrong the radiater had some rusty coolant and it was ovrheating my engine then i realized that my sparkplugs where shot so i bought all that the car has been sitting a while so i got some nasty gas in there so i filled up the tank and put in some injecter cleaner and the thermostat needs changed i asked the kid if theres anything wrong with it but he coulda helped me out but anyway would it of made a difference if i have the ad and the for sale sign that said "nice engine " "runs great" "clean engine" would that help if court came around.
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