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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33935
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I bought a car from a man with a auction license but no

Customer Question

I bought a car from a man with a auction license but no actual dealership. I found out when I changed the title to my name that he had never actually owned it. Later found out it was a friend's, daughters car. He told me he had put a motor in it that had 70k miles but failed to tell me it was from a different year dodge neon. The car started to malfunction about 2 weeks after I got it. Do I have a case against him?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

When you purchase a used vehicle in WI you are making the purchase "as is". The only exceptions are if they offer you a warranty or if they specifically misrepresent a material fact.

I don't see anything in the facts you gave which would override the "as is" status. Even though the motor was from a different year, that isn't likely to be an issue unless you specifically asked if it was from the same year vehicle and it makes a difference somehow. For instance, if the motor being from a different year meant it couldn't be hooked up to the transmission correctly and so the seller had to make a bunch of modifications and shortcuts to put it in there. If something like that happened then it could make a difference but if it is just a different year then it likely wouldn't.

As to the car malfunctioning, that's covered by "as is" and is one of the chances you take buying a car without a warranty. Again, if it is malfunctioning because he hid something from you it's different. An example of this is used car dealers used to use JB Weld to fix cracks in engine blocks knowing that it would only work for a little while. Something like that would be the same thing as fraud.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.