Going to court

[kevinr1970]

Here's my experience, $.02.
I bought my first 2wd Blazer from a guy (dealership) in Oklahoma. When talking to him on the phone I stressed to him that I wasn't interested in the truck if it had ANY rust. It was the first thing I asked him. I reiterated it to him at least three times in our first phone call.
Over the course of a week and 5 phone calls he swore to me it had no rust at all and that infact he had put it up on a lift to look underneath just to make sure becuase he wanted me to be happy. Every phone call I asked about and said I wasn't interested if it had ANY rust.
I even sent them an email so they could send me some pictures and asked them about the truck including "I was not interested in the truck if it had any rust".
When it was delivered to me the first thing I noticed was the holes in the rocker panel on one side and the ultr-crappy bondo job over the holes on the other side. I didn't even have to lower the back window to see the holes through the carpet and floors in the back.
This doesn't even begin to touch on:
- "it has a 700 tranny" - it ia a t350
- has cruise - the only part there was the switch on the blinker stalk
- AC blows ice cold - not even close
- drives like a dream with a rebuilt engine - replaced the engine after less than 3000 miles, the belts going to the compressor jumped off the first time I drove it - the bolts were only finger tight, etc.
Theres more but it depresses me to think about it.
After talking to him and him "swearling he didn't see any rust" on the vehicle I contacted a lawyer here, and there. They both told we that essentially it was bought and sold "as-is" and that was the bottom line?

[FUNMUDDER]

9:03 pm here and still no pics...........hmmmmm

[larry may]

Good Luck surely will not win this with out any documentation. Most older used stuff is sold as is in this state unless documented agreement is drawn up. Your state may operate on a different approach. Any way you have the truck fixed.So now drive the rascal.

[smokinn]

Sorry about the pics. I came home today after work and went to raise the garage door and some how a pain of glass broke. So I had to get that fixed and by the time I got that done it was dark. I will take some as soon as I get home from work and load them on here. I do have doc on the motor from the guy i bought it from. He paid 1800.00 for the motor and install 2 years ago. It does drive like a beast just needs a few things. Plan on collecting parts over the next few months and doing the painting in the spring.

[84 400]

cool plan man just gotta see them pics but i don't want to bug you i know you have more improtant probloms to think about good luck in court hope to see them pics soon

[hotrodhomi]

Originally Posted by smokinn

Sorry about the pics. I came home today after work and went to raise the garage door and some how a pain of glass broke. So I had to get that fixed and by the time I got that done it was dark. I will take some as soon as I get home from work and load them on here. I do have doc on the motor from the guy i bought it from. He paid 1800.00 for the motor and install 2 years ago. It does drive like a beast just needs a few things. Plan on collecting parts over the next few months and doing the painting in the spring.

Sorry about your garage. Now you could sue the poeple who sold you the house!

[bojoe]

I just don't see where you have a leg to stand on here. Crate engine that was installed two years ago. OK. Isn't that worth something?

The bottom line is, if the front end, that you are so mad about, was so shot that it cost you that much money to fix, YOU SHOULD HAVE SEEN IT OR FELT IT. You say you was driving on snow and ice when you test drove it, JUDGE says, too bad should have come back on a dry day. I don't want to be an as# here, but that is the way the court sees it.

You said "
"I drove this truck from his house to mine and called the shop the next day."

Kinda easy to say now, but if you thought it was shot enough to call the shop, should have called him instead, and said "What is the deal with the slop in the front end? He might of said in return "Well sir, you drove it, aggreed to the price, paid for it, and took it home." I don't think he said anywhere in his ad it had a tight or new frontend, did he? The DOT's regulation states for Commercial Vehicles, that on a 20" dia. steering must have no more than 2" of slop in the steering wheel. My Peterbilt has that now and I drive 3000 to 3500 miles a week in that thing. All I am trying to say, your opinion and the shops opinion is one thing and the opinion of the guy that has drove the truck everyday, is going to differ. Another example is my '75 pick-up. I don't think the front end has a lot of slop, but my best friend drove it and said, "Man that front end of yours is loose". I didn't think it was that bad at the time. I did not think about it because I was driving it everyday.

In court it is your and the shops opinion against his. That ain't going to fly.

Good Luck, but I wouldn't waste my time in court. You think you got ripped off, but you ripped yourself off by not checking things more thoroughly.

LESSON LEARNED, CASE CLOSED

[piecesparts]

You guys all know the old saying: "One man's junk is another man's treasure", well the guy sold his treasure to the guy that found out that it was junk on the way home. The guy in Oklahoma that sold the blazer to KevinR, did the same thing. The buyer has to be the knowledgeable one in these games. He is the guy that is going to be the owner after it is all over with. I hate guys that will misrepresent themselves, but I'm betting that they are loaded on their ego enough to "DO IT" or just to stupid to know any different. Going to court is going to let him know your POd and that is all, he will keep your money and you will give the State a new radar gun by paying the court costs.

[ARAMP1]

I figure that I’ll add my $.02 too…

A while back when I was just a sophomore in college, I bought a vehicle that ran and drove nice. I drove it for two weeks with no problems. It did run nicely. Then, I was driving down the highway and all of a sudden, a white smokescreen was erupting behind my car. That’s right, the block just cracked. It still drove, but not nice. I looked the car over really good. I even did a compression check before I bought it and it checked fine. There was just no way of knowing. Anyway, I found a replacement block and rebuilt the engine and it ran fine.

I guess my point is that with some things, you should have been able to find on your own (brake line for sure, maybe a flattened cam lobe if you could tell by sound). I’ve heard about many cases where a buyer takes a seller to court for repairs that they didn’t catch before buying, but the only time I’ve heard of the buyer winning was when the seller was a dealer.

You seem pretty set on taking legal action, and I say best of luck to you. But, look at the bright side; you’ve got under $4K invested in your truck and from what you say it runs and drives rather decent. Post pics when you get a chance.

[FUNMUDDER]

And as for getting him in trouble through his "illegal biz", that could just cost you a tangle with a 12 gauge if he is crazy enough. Even if he isn't crazy, don't butT in with what he is doing to make a living. That would buy you an enemy cheap.
If the truck runs and goes good, drive the dang thing. No sense to complain about a running and driving vehicle. Especially if it "drives like a beast". ROOOOOAAAAAARRRRRR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[smokinn]

I did post pics. Look for the thread "Pics of the truck".