Legal Question in Consumer Law in Oregon

stop payment on check

I purchased a car from a private party who implied a warranty of 1000 miles I paid him buy personal check. 4 days later and only 230 miles the engine blew and dealership said vehicle had a problem before I bought it . I was able to stop payment on the check. in the mean time I had to put a rebuilt engine that cost half of what I paid for the car. so I sent the seller a new check for the difference. it has been almost a month now and he hasn't cashed it or contacted me I had him personal served with the engine repair bill and the new check. what should I do or what can he do to me?


Asked on 12/13/07, 9:01 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Re: stop payment on check

If by "implied warranty" you mean no written warranty and no evidence of any warranty, the seller can sue you for the full amount of the original check that you sent him, plus costs and attorney fees. He will quite likely win.

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Answered on 12/13/07, 9:11 pm


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