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Richard, Attorney
Category: Business Law
Satisfied Customers: 55716
Experience:  32 years of experience practicing law and a businessman.
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I bought a used truck. 140k miles, for cash from a street corner

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I bought a used truck. 140k miles, for cash from a street corner car dealer. The next day the engine casket blew.. do I have any rights? they offered to fix it but I was told if there had been water in the gasket, it will never be right. thank you
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Is there any evidence that your seller knew or should have known about this issue prior to the sale to you? Thanks.
Customer: replied 4 years ago.

yes, I made a mistake it was a head gasket not engine gasket. He said he put in a new water pump another mechanic said if he did this he had to see the head gasket was bad thanks

Thank you for following up. In this case, you are going to have recourse. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the truck. And, this clearly qualifies as something that should have been disclosed. What you want to do is raise the stakes on them so that they know that not complying with your demands is going to cost them far more in the end than simply giving you your refund now. You should send them a certified, return receipt requested letter detailing the situation and demanding that they either refund your money in total or repair the truck within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as a deceptive trade practice action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Upon winning your judgment, you can then attach any assets and/or garnish wages to collect that judgment.

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is:

Customer: replied 4 years ago.

you did not ask, nor did I inform you of the year of the truck; which is 1999. I've since found out the lemon law on used cars applies to cars 2007 and up. therefore, your reply was not correct