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#1257049 04/25/05 04:26 PM
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Originally posted by 99SESPORT:
Originally posted by LarryP:
Yep, sure did. And it seemed to be running just fine, I drove it for about 10 min. And then my wife drove the car, she also throught it was fine. To our suprise after I paid for the car and only 67 miles later this happened. I tried calling this guy and he basically told me too bad. So now I am stuck. So any throught of what I may look for to help me solve this delimia would be greatly appreciated.




You are not stuck...There are laws that protect a seller from doing this to a buyer. You need to start searching for the laws on this.

Also, if you have to have tranny work done, keep all receipts, and then take the guy to small claims court and get your money back. Until you've had a financial loss there is nothing you can claim against him.





No, he brought the car and said it was running fine. He even says nothing was wrong with it.

Secondly he brought if from a private owner, that means AS-IS.

It means that is a lot of tough bananas.


#1257050 04/25/05 04:33 PM
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No offense, but you "supposedly" left this site with about 1 person thinking that you knew anything about what you were talking about.


Now, you're back, and you are still talking BS..


he has options.. legal options.


Ray


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#1257051 04/25/05 04:36 PM
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Originally posted by HITMANinMI:


Secondly he brought if from a private owner, that means AS-IS.

It means that is a lot of tough bananas.






AS-IS only means if the seller states the sale is AS-IS. Go to school or something.

#1257052 04/25/05 04:43 PM
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Originally posted by Ray:
No offense, but you "supposedly" left this site with about 1 person thinking that you knew anything about what you were talking about.


Now, you're back, and you are still talking BS..


he has options.. legal options.


Ray




VERY WELL PUT Ray!!

Every state is different when it comes to private sales. I know here in NY the laws a pretty tough, but most people aren't aware of them so chances are a fraudulant seller will get away. Basically in most cases "AS-IS" doesn't mean anything. It usually will come down to your word against his unless you have paper work stating the car is in good shape OR you can find some history of the car getting a bad tranny diagnosis. In any case you need to contact your DMV office to find out what your rights are in your state.

As for your tranny problem it sounds to me like your front pump. Either way the tranny should come out for a rebuild.


Parting out 95-97 Contours/Mystiques. Contact me directly at ALFIGOLS@yahoo.com if you're looking for a particular part.
#1257053 04/25/05 08:28 PM
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How much did you pay for the car? I'd see about what it would cost to get the atx fluid analyzed to determine if he put any additive or other item to allow it to run temporarily. If you can demonstrate this, then I think you can show his intent.

He could always say the car was no longer needed and sat around all the time. So when you test drove it, it seemed fine but it was unfortunate that it gave out. to me if you can't demonstrate intent then you are outta luck. Maybe check the glove compartment for service receipts to see if the atx was being looked at or it is a long shot a quote of some type........

If you paid a couple of hundred for the car and this is the only problem, I'd perhaps get the atx replaced/rebuilt. If you are a DIY then you can save good money...I don't know what your situation is...
Bob


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#1257054 04/25/05 08:28 PM
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I think buyer has a case if he can prove that the seller knew about the transmission problem and covered it up. Basically if the seller did not disclosure the transmission problem and sold the car under false pretense, then the buyer can recover damages.


If the buyer can not prove the seller knew about the transmission problem, then the buyer can not ask for damages. If the seller really did not know about the problem and sold the car as is, why should the seller be liable for problems that he had no control over? After all, the car did not have a warrantee and was sold as is.

It is responsibility of the buyer to prove the seller knew about the problem and tried to cover it up. In a civil court, the plaintiff (buyer) will have to prove that the preponderance of the evidence shows the seller covered up the problem.

The buyer needs to go to a transmission shop and have an expert diagnose the problem. If the expert is willing to testify that the transmission problem was covered up, then the buyer has a good case. If the buyer can not get an expert to testify that the transmission problem was covered up, then it will be very difficult to prove with preponderance of the evidence that the seller sold the car without disclosing the transmission problem.

Either way, the first step the buyer needs to do is to take the car to an automatic transmission shop with a good reputation.

#1257055 04/25/05 11:11 PM
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If worse comes to worse and i mean there are no other alternatives. Change the the tranny fluid and add an additive to soften the seals in the valves. Run the car and see if this makes a difference. If it does drive for a while. Get it to operating temp and then drain the tranny fluid again. If I recall correctly the filter can't be removed unless you open up the tranny itself. So try this first. the clean fluid will bring the viscosity up. Hope this helps.

Weebs

#1257056 04/26/05 12:22 AM
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Thanks for all of your help, I have now turned this over to a tranny shop for a rebuild. The guy that sold me the car sold it to me for 1700.00, but I am going to file a small claims lawsuit. So we will see what will happen. Any ideas about what this may cost me? (for a total rebuild)


#1257057 04/26/05 12:34 AM
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Rebuilds are hard to guestimate. However, you may be able to price a used tranny or one already rebuilt cheaper.

#1257058 04/26/05 12:39 AM
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That is hard to say. my guess is $1000-$2000. They aren't cheap. Try a good used parts dealer that has a good rep and stands behind their parts.

Weebs

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