Legal Question in Consumer Law in Pennsylvania

Re: laws about purchases from individuals

Unfortunately you may be SOOL.

In private sales there is an assumption that all sales of personal and real property are "as is" unless there is a writing stating otherwise. The selling party does not have to state "as is" with one caveat. If the party knows what s/he is selling has a substantial impairment then they have a duty to disclose that impairment.

In this case, if the transmission was working as far as the seller new then there is no recourse. But if the transmission was bad and the seller new it then there is recourse as the sale may be a fraudulent transaction. In order to make that case you would need to prove that the transmission had such a defect that either it was improbable for the seller not to know about the defect or that the seller actively hid such defect.

You run into further problems in such a case where you would need to demonstrate that such a defect existed before installation and was not was or advanced by improper installation. This all goes back to why mechanics can charge more. A mechanic essentially insures his work as servicable for the intended purpose. One theory is that the a skilled workman's charges are a form of insurance.

Another caveat exists if the seller is regularly engaged in the sale of this type of property or otherwise "in the business" AND the property was for more than $500. Then there may be some recourse for you, but still no guarantee of recovery.

Sorry, but I hope the explanation helps.

Regards,

Roger Traversa

email: [email protected]

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