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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Bought a vehicle and was sold bad vehicle Assistant: Thanks.

Customer Question

Robert bought a vehicle and was sold bad vehicle
Assistant: Thanks. Can you give me any more details about your issue?
Customer: Blew out cylinder 3. Injectores where replaced but can tell not done correctly after shop dismantled engine
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
Supposed have o rings but if not oiled before install can get air and over spray and did do that and fried cylinder 3.
Expert:  ebrock63 replied 7 months ago.

HI,

Ok, first, what is the year, make, model and engine size of your vehicle?

Second, what is your exact question?

Customer: replied 7 months ago.
Im looking for a lawyer
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  CalAttorney2 replied 7 months ago.

Dear Customer,

Thank you for using the forum. My name is***** am another expert on the forum (I am an attorney), I am sorry to learn of this situation.

Based on what you posted, it appears that a vehicle was sold with an engine defect. There are a couple of different types of issues that are related to the sale of defective vehicles that may be available to the buyer.

  • If the vehicle was purchased new (I don't think this is the case, but I will add it just to be complete) - the purchase can be covered by manufacturer warranty, implied warranty, and state laws ("lemon laws"). - this is the greatest and most complete protection to the buyer.
  • If the vehicle was purchased used, but from a dealer - the buyer may be entitled to protection from an extended warranty from the manufacturer (this would depend on the specific terms of the warranty). The dealer would also be required to provide a warranty of merchantability (this is a very narrow warranty that only ensures the car is safe to drive, it does not ensure that the vehicle will run very well (or at all), only that it is safe - i.e. brakes, seat belts, etc.).
  • If the vehicle was purchased used, but from a private party - there are no general protections.
  • In all cases - the buyer is protected if the seller made what we call a "specific representation" - meaning if the seller said "the engine has been newly rebuilt with O rings" - and this is not true (the engine was not rebuilt with O rings), the buyer can sue the seller for "fraud in the inducement" (simply put - fraud). However, if the seller only says "the car runs great" - this is not an actionable misrepresentation.

If the seller rebuilt the engine specifically as part of the sale, this could be actionable as a "negligence" lawsuit.

Given the cost of rebuilding an engine, in most cases, this would fall under your state's small claims jurisdiction amount (you can find your state's cap here: https://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html). Small claims court is a relatively informal (and quick - usually you get a hearing date within 2-4 months after filing, this is very fast in the legal world), so the buyer could easily file a small claims suit for the cost of rebuilding or replacing the burned out engine against the seller. While there are some issues with liability (as noted above, buying a vehicle gives relatively little protection to the buyer), it is a relatively low risk option for the buyer to sue for compensation in small claims court.