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View Full Version : Used car as-is but ad stated incorrect information


nelson777
Apr 6, 2009, 10:16 AM
Bought a 1967 el camino. Ad stated it was under planned non-op and it had a rebuilt 350 engine and rebuilt 400 transmission.

Unable to drive due to legalities with the non-op and registration. Bought the car and towed it home. Registered it and drove it and it wouldn't go. Further diagnostics indicated bad motor. Removed cylinder heads and found an engine that was not rebuilt but worn out.

I say it's fraud but I also hear you buy a car as-is.

I have the ad that states it has a rebuilt engine and ready to drive...

Do I have a case for small claims? I am being told I am entitled to the cost of a new engine. I am just looking for something to help with my loss as it has not left my driveway since I bought it 5 weeks ago...

this8384
Apr 6, 2009, 10:21 AM
Yes, when you buy a car as-is, it means just that. But they also cannot falsely advertise the condition of said vehicle.

I think this may fall under a technicality. When a lot of places "rebuild" motors or transmissions, they will only replace what's worn, not all the components. A "remanufactured" engine will have everything replaced.

You say it was diagnosed as a "bad engine"; what's wrong with it? Why did the cylinder heads need to be pulled?

nelson777
Apr 6, 2009, 10:27 AM
It's a chevy 350 as advertised. It had a misfire. Checked timing and carburetor functionality. Compression test done and found 2 cylinders at about 25% of what the others had. I don't have paperwork with me... removed cylinder heads for inspection and found 2 different 305 cylinder heads with 2 different chamber sizes and different sized valves. 2 pistons had damage on the top of them like something went through the motor at one point in time. Cylinder walls did not look like they were recently honed.

Verified the block and it is a 350.

I am going to get some prices on "rebuilt" motors and see what all is included.

To me that is not as described.

Not sure if I need to do a police report first?

Thanks for the quick reply. It helps my nerves.

this8384
Apr 6, 2009, 10:40 AM
There's no need for a report; this doesn't concern the police.

Did you request documentation of the rebuild? Did they state when they had the motor rebuilt? Like I pointed out, "rebuilt" means they fixed what's broken; they don't tear it all down and replace everything.

nelson777
Apr 6, 2009, 10:53 AM
No documentation

I was going to look-up what the term rebuilt means. As well as written summary from "rebuilders"

I understand the rebuilt / remanufactured thing. Hopefully this doesn't bite me.

nelson777
Apr 6, 2009, 10:54 AM
There's no need for a report; this doesn't concern the police.

Did you request documentation of the rebuild? Did they state when they had the motor rebuilt? Like I pointed out, "rebuilt" means they fixed what's broken; they don't tear it all down and replace everything.

They did say the motor had less then 100 miles on the rebuild

this8384
Apr 6, 2009, 11:11 AM
That's part of the problem - a lot of people today think rebuilt = new. It doesn't. The guy who sold you the vehicle very well could have "rebuilt" the motor himself with used parts and it wouldn't be false advertising.

Have you contacted the seller about the issues you're having with the car? Sometimes you can avoid court altogether just by making a few phone calls to the person.

nelson777
Apr 6, 2009, 11:23 AM
That's part of the problem - a lot of people today think rebuilt = new. It doesn't. The guy who sold you the vehicle very well could have "rebuilt" the motor himself with used parts and it wouldn't be false advertising.

Have you contacted the seller about the issues you're having with the car? Sometimes you can avoid court altogether just by making a few phone calls to the person.


Not yet I am trying to get all of my information in order before I go further. I would much rather get this done outside of court. I need to have a strong case before I call him though.

I am hoping to get $500 just to help in the purchase of a different motor...

All rebuilt quotes show $800+

this8384
Apr 6, 2009, 11:25 AM
You can put it to him that way; you'd like a partial refund so you can get the vehicle running again. Get something in writing from a trusted mechanic so he knows you're not trying to pull a fast one.

And as you probably already know, try not to be demanding or confrontational. Nothing irks me more than someone coming to me asking for something free right away; it usually turns out that they're in the wrong to begin with ;) Not your case, but people don't like being ordered to do something, if you get what I'm saying.

nelson777
Apr 6, 2009, 11:28 AM
All websites I have been to are linking rebuilt with remanufactured. Also all parts they replace at a minimum - were not replaced in this motor.

With the piston damage this motor should have received new pistons. I will also be getting the bore measured to see if it is out of specs. If that is the case then the block should have been overbored and that was part of the issue.

Also, not using 350 parts on a 350 motor should be considered as not as described. Also using 2 different cylinder heads which would create 2 different compression ratios.

I am trying to get more factual information regarding the rebuilt/remanufactured deal


Also when going to summitracing.com and search for a rebuild kit - the "kits" include pistons. So at a minimum those should have been replaced in a rebuilt motor.



Just trying to show the facts that I have so you can better help with any information.

nelson777
Apr 6, 2009, 11:30 AM
You can put it to him that way; you'd like a partial refund so you can get the vehicle running again. Get something in writing from a trusted mechanic so he knows you're not trying to pull a fast one.

And as you probably already know, try not to be demanding or confrontational. Nothing irks me more than someone coming to me asking for something free right away; it usually turns out that they're in the wrong to begin with ;) Not your case, but people don't like being ordered to do something, if you get what I'm saying.

I agree completely and I have no plans of any harsh or bashing conversations.

I am willing to accept a loss in this but at the same time I feel that I am entitled to some sort of compensation for the misinformation in the ad. I am also bummed that I bought a car to use as a daily driver and it hasn't left the driveway...

this8384
Apr 6, 2009, 11:50 AM
I completely understand where you're coming from. I've helped a lot of people file complaints against dealers who sold them junk cars because I don't think it's right for one bad apple to make the whole tree look bad, you know what I mean?

There are certain suppliers I stopped using when they told me that when they "rebuild" they only fix what's wrong, rather than redo everything. I want my customers to have quality parts, not a quick fix.