Legal Question in Consumer Law in California

In September my boyfriend, Chad, posted and sold an engine on craigslist. The first posting stated "small block chevy 305. was running when came out of truck. needs simple work and cleaning. has almost all components on it to drop in. call or text chad for more info. 559-283-0760". His second posting stated "chevy sb 350. Freshly rebuilt. all parts from clovis machine shop. i rebuilt this engine from the bare block up. new internal parts. engine is bored to 0.30. has performance elderbrock intake manifold(no carb). upgraded cam and time chain and time chain pulley. painted with high temp paint( ford blue). text me or call for more info.... chad 283-0760". Both times he listed it, it was listed for $500 and both listings were available for viewing. Well in later in September a gentleman called him and wanted the engine. So Chad went and got the engine and delivered it to him. The guy looked at it and stated that it was missing a freeze plug. (It was on an engine stand prior to transporting it and he forgot to put them in). So because of that he only paid him $400, which was not the price they agreed on over the phone. (The guys asked how low he would go and Chad said $400 but that he is asking $500 for it. I'm assuming that the gentleman only heard $400 and so he stuck with that number). Anyway the guy called us in November and said that the internal parts weren't new and that the compression was wrong. He told Chad that because he falsely advertised the engine he wanted a refund. Chad told him that he told him the engine is sold as is and that the only things he didn't replace were the pistons and the piston rings and he knew that at time of purchase. The guy told Chad he wants a refund or he's going to take him to small claims court. Well now we got a letter from this guy stating that none of the parts in the engine are new and gave us two options 1) refund the money. Or 2) he's going to take him to court for $400, court fees and mechanics fee of $350. Chad can go and get the receipts from the machine shop and prove there are new parts in the engine. Does this guy have a chance of winning in court?


Asked on 2/09/11, 10:33 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

It seems like you have all the answers on how to present the case in court. However you can never know for certain what will happen in court. All of us attorneys have won cases we should have lost and lost cases we should have won. You can just never predict with any certainty, but I think you should win.

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Answered on 2/10/11, 8:45 am


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