Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
The seller is private, NOT a dealer.
It has more than 75,000 miles on it.
The engine design defect that leads to this failure is well known to the manufacturer, but little known to the general public. Even "Consumer's Reports" magazine has failed to describe or warn consumers of the engineering flaw that causes and precedes this failure.
I should also add:
For people who own one of these cars and ARE aware of the potential, eventual, inevitable mechanical failure, there are ways of knowing (in advance) that the complete engine failure will soon occur, thus providing them with the necessary lead time to;
a. Stop using the vehicle.
b. Take remedial action to temporarily forestall the engine failure.
c. Thus allowing them time and the opportunity to find an uninformed buyer to off-load the worthless junk.
Note: Once the motor has reached this stage, it cannot be repaired, it must be replaced, at a cost that is well beyond the value of the vehicle once restored to good working condition.
I'm not quite sure you've answered what was my original question. Now, knowing the other peripheral details that might qualify your answer, here it is again;
If I owned a vehicle (normal market value $4,000) that had a hidden defect that was about to cause a catastrophic engine failure that would render the vehicle totally worthless due to the cost of repair ($10,000), would I be legally bound to disclose that defect, or could I seek out a sucker/buyer to sell to and let him take the loss.
And for purposes of answering this question (as originally framed) you must assume the seller IS aware of the defect and prefers NOT to disclose, obviously, or any perspective sale would be impossible. (dah)
I'm not asking you to "prove" anything. Just a yes or no answer to whether the seller would be required to disclose?
And IF that seller (who IS aware of the defect) opts NOT to disclose that information, and instead responds to buyer inquiries re the mechanical integrity of the vehicle by insisting it to be in "good condition" and a "very reliable" used vehicle, all around, he could THEN BE HELD LIABLE FOR DAMAGES when, after the sale, the motor disintegrates 10 miles down the (buyers) road?
(Realizing, of course, that a liability claim/award would be subject to the buyer's ability/burden to show evidence of the seller having had awareness of the defect prior to sale)
I think I understand. You've been very patient, and I'll happily post "excellent" on your services. Obviously, I AM the BUYER in this scenario and I do intend to sue for damages. I hope you'll allow me a closing thought and one final question relative to that effort.
The Seller is Vietnamese, so is his mechanic. Seller was compelled by me to take me to his mechanic's place of business so I could query him re the vehicles general condition, maintenance history and any known defects. It's obvious to me now, they were both lying to facilitate a sale.
In retrospect, I'm also now convinced it was the mechanic who had advised the seller of the need to stop using the vehicle and sell ASAP. I would never have made the purchase without his involvement, lies and active participation.
Final question, I promise; Since he was an active participant, couldn't the mechanic be an also named along with the Seller in the expected legal action for damages?