Do I have a chance of winning if I sue a private seller who sold me a car under false pretenses?

Question

So I purchased a car not too long ago and I got a chance to get it to my mechanic to start the few repairs I thought I would need to get it running correctly. First off I'd like to note that it is a salvaged title which I ran the carfax and it did in fact show 1 collision on the report.

Before purchasing the car, I wanted to check out the codes which were throwing CELs on the car. So we went to a mechanic he suggested and inspected the car and ran the CEL codes and told me what kind of codes we're coming up.

He quoted me at $200 to get everything running smoothly. I went ahead and bought the car, drove it around for a couple of days. Until I was ready to start repairs and I took it to a mechanic that deals with BMWs only.

He inspected my car to the tea and found stuff that the other mechanic nor the seller did not tell me about the car.

this is what my guy told me through an email:
This car has been in either one major wreck, or multiple wrecks, for this car is a mess. After spending the last 4 hours or so on your car, I've been able to go over it pretty good, or at least I've been able to visually see the issues that stick out.

-This car has been previously repaired, no doubt, due to being in one or multiple collisions. The manner in which this car was repaired, both body work and mechanical work, hate to say, was very shitty. Not just in one area, but all throughout.

-I would be using my scanners, and checking for codes and viewing live data, out of the clear blue my scanner would all of a sudden display "Communication Error." I would disconnect my scanner(s), reconnect again, be able to read your cars info, and again, "Communication Error." After checking all your fuses and relays, which all checked out at the current time, I am leaning towards a bad DME.

-The DME and engine wiring harness were definitely frankensteined and not put back to factory specs, so you have issues there.

-The wiring and related sensors for your auxiliary fan, which also helps cool your coolant and engine, is non-operational, period. The wiring is missing! WTHell? The first clue I got is when your coolant temperature started rising above 195 degrees - F. When it got to 200 degrees - F, I checked your auxiliary fan, and it wasn not running. Check for the proper wiring, and that's when I found the issue. This leads me to believe that this car was possibly overheated and/or the cooling system temperature reached a threshold that put the car in "limp mode."

-Still visualy evidence of cracks and what appears to be a shitty repair attempt at your front left shock tower/fender area. Multiple areas, both on the inside and outside of the car, of bad body work being done is apparent.

-Your power steering pump and steering rack are shot. Whoever put the power steering lines back together did a real, crappy job.

-You need both front and rear brake pads. Not sure if you need rotors, for I still have not driven the car, so I have not been able to put the braking system under a few tests.

-I'll double-check again, but I did not see your DSC unit in the engine compartment. Holy ****!

So, right now, as it stands (and I'll go over your car again tomorrow), but here is the current list of recommendations:

-Fuel Pump
-Fuel Filter
-Fuel Pump Relay
-Fuel Level Sender (cannot condemn this right now, for I have not been able to verify the fuel level is correct without driving the car for a fuel tank cycle or two).
-DSC Control Unit (electric and hydraulic portion)
-Oil Level Sensor
-Inspection II
-EVAP Diagnostics (for related codes). One or more of your EVAP compenents might need to be replaced.
-Power Steering Pump
-Power Steering Rack
-Power Steering Hoses
-Power Steering Cooling Coil
-DME (+programming)
-Wiring Harness
-Auxiliary Fan/Shroud
-Outside Ambient Temperature Sensor
-Front/Rear Brake Pads
-Wiring re-routing (some of the wiring is routed wrong).
-Instrument Cluster (more diagnostic is needed for this, but I'm going off of experience).
-MAF (Mass Air Flow) Sensor. I did some diagnostic work on this and the readings were a bit off.
-Cooling System overhaul (water pump, thermostat, expansion tank, expansion tank thermostat, coolant, belts, upper/lower radiator hose, etc.).
-Belts
-Valve Cover Gasket
-Secondary Air System diagnostics. I did check the valve, and it did not pass my test, so I would start with that first.

With all this in mind I was trying to figure out why the lights on the dash werent coming on if the power steering and DSC were faulty. and only the CEL came on. I took apart the cluster and found a paste substance covering the DSC, & Yellow BRAKE led light.

Now here's where it gets interesting. we did sign a 'as is" bill of sale and pink slip, but he signed for his mom, not himself, but his mom was never present during any part of the negotiation.

Do I h

Answer 1

When it says it is a salvage title, that tells you the car was totaled at one time and it was bought as a junk car. You had opportunity to take it to a mechanic and you did.



It is an "as is" bill of sale which means, let the buyer beware. Now the thing you are claiming was inappropriate,



he signed the title when his mother was he owner. This is questionable. You don't know if Mom gve him power of attorney but should have for him to do this. Could his mother have signed the form prior to him taking the title and giving it to you? His mother is going to ratify his signing this for her. It would be dicey.



Why didn't you take it to the MMW repair shop for your appriasals? You could have the other mechanic do the work. There may be some things that can't be fixed on this, like a twisted frame, etc. You may have to check with an attorney to see if y ou have a prayer on this one. All the rest of that is something you bought into with how this was done. the only arguemnt is the signing of the title and you want out. It would take an attorney in your state who was experienced in contract law. Normally the signing must be done by the party whose vehicle it is. Did she sign it before or did he? There might be a chance, but could be thin.

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Answer 2

You will have to have had the car checked out earlier than buying it. This is why used automobiles are offered as-is. You additionally didn't determine to peer if any fluids have been within the car earlier than using it which may be a significant "no-no." You bought an 18 yr historical car as-is for $one million,500. You can't get your a refund.

Answer 3

Holy cow, this screams buyer beware.



Look, the only benefit in suing is if you're certain that there is money available to be claimed. If this guy hasn't got much, you're not going to collect.



You got the right inspection, but at the wrong time. Lesson learned.

Answer 4

I don't see where there were fase pretenses you had the car checked out before buying it and unless the seller bribed the mechanic or something I don't see where you had been lied to about it.

Answer 5

My recommendation in to change this mechanic because this guy looks like he wants to replace whole car ripping you of. Sometimes smart guys can fix it without replacing but you need to find a smart guy but not smart *** to drain your packet.