Legal Question in Consumer Law in Pennsylvania

Engine Purchased...

We recently purchased an engine and transmission after the one in our dump blew 'ceased.' We were told that the engine we were buying had only 200,000 miles on (it had been rebuilt). We have 2 witnesses to verify this. 2 weeks after we bought it, the engine blew and it was found that it was never rebuilt. 1 week later, the transmission blew. The seller will not make any restitution. We do not want our mone back; we only want a partial refund because this engine was NOT rebuilt - he lied to us. Can we pursue this?

Thank you...


Asked on 11/07/07, 1:24 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Engine Purchased...

You asked about getting a refund.

In the case of complete automobiles a buyer takes title to a vehicle at risk. This means that a buyer should inspect a vehicle before purchase.

In the case of parts a buyer has the right to rely on the representations of the seller as to condition or suitability.

In this case you should likely prevail as to not only the purchase price but also the R&R costs. You must however work your transaction as to get the result you want. If you keep the parts you are still liable for the value of the engine, but the seller would be liable for the repairs you thought you were buying.

e.g. parts cost $1,000, repair costs $500. You would be able to get a full refund plus costs if you return the parts or you would be able to claim the costs of the repair but not both.

Hopefully this can be worked out between the parties but you should not hesitate to bring a small claims suit.

Regards,

Roger

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Answered on 11/07/07, 10:32 am


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