Recently I purchased a 2000 BMW323i. The Seller produced a hand written Bill of Sale, which states "this vehicle includes a fully-paid transferable Warranty for an additional 2000miles, see Warranty for details". I was not provided a copy of the Warranty until I transferred it to my name. It does NOT state that the car is being sold AS IS.

He expressly Warranted the brakes saying "the brakes are new"

There were two issues, that I was told about, with the car at time of purchase. (1) The R front signal light was out. (2) The interior fan/blower wasn't working. The Seller said "you need to replace a fuse to make the fan work."

Regarding the Warranty, the Seller said "The warranty covers everything, all you have to do is pay the $100. deductible."

Within 48 hours several warning lights came on, on the dashboard. Among them, the radiator fluid light. I immediately called the Seller and he said, "oh, that comes on all the time. All you have to do is add water to the radiator and everything will be o.k.. Don't let them (the mechanics) talk you into anything, you don't need it." Consequently, I had to replace the RADIATOR, RADIATOR CAP, HOSES, AND FITTINGS. The Warranty paid for part of the cost, I paid the rest.

There was 1/32" left on BRAKES, front and back, and the car needs ROTORS. The "fuse" referred to by the Seller was not a fuse at all. It was a BLOWER CONTROL RESISTOR. (not covered by the Warranty)

The BRAKES, ROTORS, and BLOWER CONTROL RESISTOR, cost in the neighborhood of $1200. I have not replaced the BRAKES yet. The total cost of the RADIATOR was $877.34My share was approx. $375. The recovery amount I am seeking is $1575..

With regard to the Warranty, the Seller knew that the Warranty Co. does NOT cover 100% of the cost. I spoke with his mechanic, and the mechanic emphasized that the Seller was informed that the Warranty Co. will pay what they deem reasonable, Owner pays the rest.

To date, I have paid $1804.90. The Warranty Co. has paid $1160.22.

Do I have a case in Small Claims Court? If so, are there laws that cover this? If so, what do I refer to, to bolster my case?

Thank-you

Recently I purchased a 2000 BMW323i. The Seller produced a hand written Bill of Sale, which states "this vehicle includes a fully-paid transferable Warranty for an additional 2000miles, see Warranty for details". I was not provided a copy of the Warranty until I transferred it to my name. It does NOT state that the car is being sold AS IS.

He expressly Warranted the brakes saying "the brakes are new"

There were two issues, that I was told about, with the car at time of purchase. (1) The R front signal light was out. (2) The interior fan/blower wasn't working. The Seller said "you need to replace a fuse to make the fan work."

Regarding the Warranty, the Seller said "The warranty covers everything, all you have to do is pay the $100. deductible."

Within 48 hours several warning lights came on, on the dashboard. Among them, the radiator fluid light. I immediately called the Seller and he said, "oh, that comes on all the time. All you have to do is add water to the radiator and everything will be o.k.. Don't let them (the mechanics) talk you into anything, you don't need it." Consequently, I had to replace the RADIATOR, RADIATOR CAP, HOSES, AND FITTINGS. The Warranty paid for part of the cost, I paid the rest.

There was 1/32" left on BRAKES, front and back, and the car needs ROTORS. The "fuse" referred to by the Seller was not a fuse at all. It was a BLOWER CONTROL RESISTOR. (not covered by the Warranty)

The BRAKES, ROTORS, and BLOWER CONTROL RESISTOR, cost in the neighborhood of $1200. I have not replaced the BRAKES yet. The total cost of the RADIATOR was $877.34My share was approx. $375. The recovery amount I am seeking is $1575..

With regard to the Warranty, the Seller knew that the Warranty Co. does NOT cover 100% of the cost. I spoke with his mechanic, and the mechanic emphasized that the Seller was informed that the Warranty Co. will pay what they deem reasonable, Owner pays the rest.

To date, I have paid $1804.90. The Warranty Co. has paid $1160.22.

Do I have a case in Small Claims Court? If so, are there laws that cover this? If so, what do I refer to, to bolster my case?

Thank-you


If the car was sold as is and the seller can prove it, I see no case.

If it was NOT sold as is and you can prove it, I see a case.

You can always go to Small Claims Court and se what a Judge decides.

You talk about what the Seller "said" But what was put in writing? That's what matters unless you have witnesses to back up what he said orally.

The bill of sale states that you were getting a waraanty and you got a warranty. Unless the warranty or the Bill of Sale states a $100 deductible, then you still have the burden of proof that you were told different.

With the brakes, if you have proof you were told they are new, you have a claim. Otherwise not.

A bill of Sale doesn't have to say AS IS, its implied with a private sale.

So frankly, I'm not sure you have any cause of action at all. But it doesn't cost much to go to small lcaims court so it won't hurt much to try.

I don't see a case here. You should have taken this car and had your trusted mechanic check it out before you forked over a dime. Essentially with used cars it's Buyer Beware in neon lights. You got taken all right, but hopefully you will have learned your lesson on relying on what the previous owner said. Take it to a mechanic to be checked out period.

And just to throw in my two cents... warranties often do not cover the full cost of fixing things. It's generally that they will pay what they consider the "normal" cost of doing the repair, and if the person actually doing it charges more, you get to pay the difference. You also run into a problem with what he meant by "everything". Did he mean it pays for the full costs, or that it covered all the major systems, and wasn't the more common "power train and brakes" warranty. So you may not have much to stand on in that case. You may be able to get him to pay for the brakes, if he wrote down that they were new. But that will just get you the difference in the cost between new brakes and what is currently on the car.