If I have bought a supposedly perfect running engine only to find out the same day that the engine is shot, can I sue?
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If I have bought a supposedly perfect running engine only to find out the same day that the engine is shot, can I sue?
I bought am engine from a gentleman off Craigslist for $2000; the same guy installed the engine in the car. He guaranteed not in writing a perfect running engine with with almost no mileage at all. I drove the car home only to find out that it has a knock; it turns out that my main bearings are shot. This problem is caused by improper maintenance and lots abuse on the engine. This is serious job and the whole engine will have to be removed again almost costing me another $2000. What should I do?
Asked on April 16, 2012 under General Practice, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Fraud is the knowing misrepresentation (deliberate lie) of a material (or important fact), made to induce (convince) someone to engage in a transaction (like buying an engine) and which the other person reasonably relied upon in entering into the transaction. If the seller knew or reasonably should have known of the engine's problems, he may have committed fraud and you could sue him to either rescind the transaction (return engine, get your money back) or for monetary damages (e.g. the cost of repair). You could potentially sue in small claims court if you think this is the case, where you could act as your own attorney and save on legal fees. You should be able to get sample forms and instructions from or through your small claims court, either in person or online.
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