Legal Question in Consumer Law in Utah

Re: Sellers Obligation to Notify of Buyer of a Problem

A seller has a duty to disclose any material defect in the property being sold. If the former owner knew - or reasonably should have known - about the leak, you are entitled to either the cost of repairs or a refund of your money. You may have to enforce it through court. You can file an action in small claims court up to $5000 in requested damages. If you go to SC, get a description of the problem and bid for the cost of repairs from a competent mechanic if you want to keep the machine. It would be good to have the mechanic present or at least have a written statement from him at court. If you want to cancel the deal, get a description of the problem in writing from the mechanic and ask for your money back.

Note that the seller will claim that he sold it to you "as is." Argue that the leak was hidden and was not able to be discovered with a normal inspection, and that he knew and failed to disclose. Good luck.