How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Steinlaw Your Own Question
Steinlaw
Steinlaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1811
Experience:  Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
12106879
Type Your Consumer Protection Law Question Here...
Steinlaw is online now
A new question is answered every 9 seconds

9 months ago, my wife and I bought a used Subaru from a trusted

This answer was rated:

9 months ago, my wife and I bought a used Subaru from a trusted friend. Her brother, acting as her selling agent, represented himself as a Subaru mechanic and assured me and my wife the engine was recently replaced professionally by him. The car died a couple of days ago, and guess what- it needs a new engine. The brother now claims he did not replace the engine himself, mechanics at the dealership he works for did, and since I bought the car from his sister, it is not his problem anyway. I am asking the seller, his sister, to meet me half-way by refunding half the sell price so we can replace the engine, and she is refusing. Do I have a case for small claims based on lying at the time of sale? My wife and I are both witnesses to the lie.
Why did the engine fail?
Customer: replied 6 years ago.
The mechanic who currently has the vehicle has tested the engine and has determined it has lost all compression, due to a catastrophic internal failure, such as a thrown rod. In all his considerable time as a mechanic, working on Subarus regularly, he has never seen this happen, so he isn't quite sure yet. When asking the 'master mechanic' a few simple questions about work done, the 'master mechanic' wasn't able to answer my mechanic properly, and exposed himself as simply someone who works on cars. His defense was to suggest it may have been a 'bad' engine when put in.
I am sorry you are going through this.

Generally, a car is sold as is. That means as the buyer you are responsible for getting it inspected. Thus, the seller has no liability.

However if you can prove that he lied to you, you can sue him for fraud. You sue her as a co-conspirator. That would do the trick in getting you around this problem.

However, you need to make sure you know the cause of the failure. If a new engine was put in and it really was just a bad new engine, you would probably lose. If you can prove that they did something wrong in the installation, then you would have a good case.

Good luck!
Steinlaw and 2 other Consumer Protection Law Specialists are ready to help you

Related Consumer Protection Law Questions