We purchased a truck at a used car dealer (no warranty) and we did know it was "as is" - since the purchase 3 months ago the motor has blown up. We fully intended to pay for a new motor (cost is $4500-$7500) because the truck was sold to us "as is" however, upon taking it to a specialist shop to diagnose what part(s) of the motor need to be replaced we found out that the dealer actually took the truck to the same specialist prior to selling us the truck. They (dealership) were given a report and told that the fuel injectors needed to be replaced and 1 cylinder had only 30 lbs of compression when it should have 400 lbs. - in simple terms they told them the motor was bad and needed to be replaced. We have a copy of the report (from the mechanic shop) with the dealers name (date, mileage, etc) and notes that the owner did not want to have the work done...Should we pursue any legal action on the basis of misrepresentation or fraud?
Hello. My name is XXXXX XXXXX X will be happy to answer your question.I am sorry to hear about your unfortunate situation with this used vehicle that you have bought.Did the dealer ever state to you in writing that this vehicle was mechanically sound and did not have any motor or other issues?
I doubt it - I can look at the paperwork from when we bought the truck and see though...I do have the paperwork from the shop though...the dealer had to pay them so it shows that they were aware of the issues.
Thank you for your follow up.Unfortunately, since the truck was sold in "as is" condition, the dealer did not have to disclose any potential known repair issues with the truck, but it is the buyer who would have to conduct their due diligence and to have the truck inspected by a local licensed mechanic prior to the purchase.The only way dealer might be held liable, is if the dealer expressly made some type of written or verbal misrepresentation about the truck or its motors, while knowing that the same wasn't true. But even in that case, if this misrepresentation was verbal, it is extremely difficult to prove it in court.
Experienced Licensed Attorney
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