Legal Question in Product Liability in Missouri

i bought a used truck from a dealer in as is condtion only to find out that it does not have the orignal engine in it there for not knowing the actuall history of this engine, what responsiblity does the dealer need to take


Asked on 7/07/11, 6:13 pm

1 Answer from Attorneys

Anthony Smith LawSmith

As is is what it sayd. but, if the dealer knew that the engine had been repalced with a less powerful one, they may have duty to tell a buyer about that. The problem in your scenario is the extent of damges. If the truck with the oringianl engine is owrth $10k for example, it is dificult to quatify what the value is with a different engine. IUnless you have evidence that they purposefully hid the fact that they engine was not the original,. you probaly have no viable claim for fraud.

In an AS IS sale, by a facotry authorized dealer, the duty to investige seems to be limited to the clarity of title and if there are any recalls or service Notices from their manufacturer. if you buy aused Ford from a Ford Delaership, they can hae duty to knwoabout the recalls and servcie notices. But if you buy a used Chevrolet form tehmn they are not obligate to know. This is true as to used car selers that are not factory dealerships.

Good luck

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Answered on 8/09/11, 3:42 pm


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