Legal advice wanted on recent car purchase

[Speedfreak]

The "as is" thing is only part of the legal issue here. He also advertised what he was selling and what it included. By selling you something other then what was stated is fraudulent(afaik). You still have a leg to stand on.

I'd get him to agree to $400 and both cut your losses.

[C3L1CA]

The "as is" thing is only part of the legal issue here. He also advertised what he was selling and what it included. By selling you something other then what was stated is fraudulent(afaik). You still have a leg to stand on.

I'd get him to agree to $400 and both cut your losses.

I'm going to see if I can get a free consultation with a lawyer and see if they think it is worth it to go after the guy. I did offer him that I would take $450 and he said that was way too much. Being stressed about stupid stuff isn't worth it to me.

Thanks for all the advice so far guys! I really do appreciate hearing 3rd party perspectives on the problem!

[dsmdion]

The "AS IS" part may get you. Even if Link is stated in the ad he's prolly just gonna say that the car is in fact "as is" and that you came and looked at the car, and that you bought it anyway. Pretty deceitful really. He was obviously hoping you wouldnt notice when you looked it over, and luckily for him you didnt. Its also funny how fast he contacted a lawyer, he obviously had his ass covered on this one, and he's just gonna claim you shouldnt have bought it. What a fucking douche

[95talonracer]

All cars over 100k are as is and did the letter you write up get notarized? If not then it may be good for you as it wont stand as much as if it were notarized.

[Alpha D]

Dont give him a DIME MORE! IF he takes you to court more power to him. . .the worst that can happen is theyll tell you to pay up which is fine. Take the 300 dollars then disappear of the MAP! (Im not a crook like that but I HATE SEEING CAR DEALS GO OF THE DEEP END!) In case you have to pay for court fees use the 300 dollars he is offering you. Contact one of those free lawyer people see what they think. I did that with my car situation and i could of most likely gotten a forced refund, but decided to keep it and figure the problems out.

[xveganxcowboyx]

He was selling a package deal. As-is refers to condition, not existence. I can't advertise selling a set of 12 plates and then give you a box with 9 plates in it and say "as is." If he had given you the Link as advertised and you later found it to be non-functional that would be a different story. As it stands, he took your money for a product he did not provide. That is theft.

[mlomker]

As-is refers to condition, not existence.

Exactly right. In legal terms the description of what is being sold is called an express warranty. The term As Is only disclaims implied warranties, such as more damage to the drivetrain than the seller realizes is there.

It's not like it'd be cost-effective to take him to court over this so either way it'll have to be negotiated.

[Kracka]

Buyer beware; never trust a seller, especially regarding a modded car. Sounds to me like you failed to do your due diligence.

[C3L1CA]

The "AS IS" part may get you. Even if Link is stated in the ad he's prolly just gonna say that the car is in fact "as is" and that you came and looked at the car, and that you bought it anyway. Pretty deceitful really. He was obviously hoping you wouldnt notice when you looked it over, and luckily for him you didnt. Its also funny how fast he contacted a lawyer, he obviously had his ass covered on this one, and he's just gonna claim you shouldnt have bought it. What a fucking douche
I don't really know if he contacted his lawyer or if he just called a buddy for a second opinion and was trying to scare me. That or he knows he is lying and wants to really cover his ass.

All cars over 100k are as is and did the letter you write up get notarized? If not then it may be good for you as it wont stand as much as if it were notarized.
The letter we wrote up did not get notarized. My gf was there and so was his wife, don't know if that makes a difference.

He was selling a package deal. As-is refers to condition, not existence. I can't advertise selling a set of 12 plates and then give you a box with 9 plates in it and say "as is." If he had given you the Link as advertised and you later found it to be non-functional that would be a different story. As it stands, he took your money for a product he did not provide. That is theft.
That's how I thought of it, just very nicely put. Thank you!

Exactly right. In legal terms the description of what is being sold is called an express warranty. The term As Is only disclaims implied warranties, such as more damage to the drivetrain than the seller realizes is there.

It's not like it'd be cost-effective to take him to court over this so either way it'll have to be negotiated.
I agree on the cost-effectiveness part. I'm hoping he will come up a little in price and we can just settle it that way. Having to take time off work and all the other stuff that would come with going to court makes it seem alomst not worth it.

Buyer beware; never trust a seller, especially regarding a modded car. Sounds to me like you failed to do your due diligence.
Lesson learned.

[simulatedwood]

As they say on peoples court "As-is" sale is "as is" at the time of sale. Its the buyers responsibility as stated by others here to make sure everything is as delivered. Did you specifically ask if the dsmlink was included at the time of purchase? An ad from craigslist is not a delivery sheet, seller's "knowingly or not" will put stuff in ads that is and is not true, it all part of the advertising game. What I cannot believe is the sellar would even agree to to take a partial payment on a car then let the buyer take it. Huge risk on the sellers part, crazy stupid.. IMHO. Take the refund and move on, you learned an important lesson in private party sales.