Can I win In Small Clams Court?

Question

I bought this car from a car dealer, I drove the car for 7 months, the car ran hot, I took it to the shop they said the thermostat was stuck, they put a new one in the car, I drove the car for a week and the same thing happen, the thermostat was stuck. the radeator was full of water both times. My moter light stayed on. And then water started comming out of the tail pipe, a week later the heads was blown. I looked at 5 cars on that lot, when I told the man I will look some where else he said he had a 2000 300M in the back, it wasent with the rest of the cars, it was in the back of the building, I looked at it and fell in love, I didnt care what it cost I wanted it and I bought it without a buyers guide or anything, just a contract. If you know anything about the Federal Trade Commission, "Disclosure Statment" you would know what grounds I have to stand on when I take him to small clams court please feel free to add any additional information that will help me in court. Thanks Dennis

You are right I will not win in small claims court if I took my case saying that my motor was at default, but my grounds is that the law states that a dealer must display a buyers guide stating any problems the car has had and we must come to an agreement as to who will fix it if any problems arises, thats the law, in turn he was concealing a default, nor did the dealer display a buyers guide in the window or no where to be seen on the car. All who reads this and are planning to buy a used car take heed to what Im saying, I bought this car "as is", but in order for that dealer to sell you that car "as is" he has rules and regulations he must follow befor that car can be sold as is, or hes liabale to be sued for $11,000, believe me, I did my home work. DMV has an investagation going on, I just received the forms in the mail today. DMV will not take the case if there was not reasonable cause to go to court.

Answer 1

u might have a better shot in Small Oysters Court

Answer 2

Not gonna win in small clams court. The clams always win.

As for small claims court, probably not.

Your heads weren't blown a week later, they were blown when water came out the tailpipe. It is a very bad thing to have water come out the tailpipe. You probably had blown head gaskets from the outset as this will make the engine run hot. The thermostat was replaced because the mechanic either didn't know (this is bad) or didn't care (this is also bad).

When you go to court, be sure to take a paper bag to put over your head when you leave in disgrace. You didn't do your homework as you should you really have no grounds to stand on.

Good luck, and don't buy any more cars from that guy- he can spot a fool a mile away.

Answer 3

You have zero chance after 7 months.

Most used cars are sold As-Is, No Warranty and are marked as such. Even in the few states that mandate a warranty on some used cars (though a 7 year old model normally wouldn't be one) you're going to be out of luck after 7 months.

Without a warranty, you'd have very little luck in Small Claims Court after a week let alone 7 months.

When you buy a used car you must get an independent inspection prior to closing the deal. You should also run a CarFax check. You know that now, but it won't help you with your current situation. Sorry.

Answer 4

Sounds to me when your thermostat stuck closed and overheated, it warped the head gasket. The mechanic was not wrong, the dealer was not wrong, you were wrong for not flushing out the coolant and replacing the thermostat, which should be done at least every 3 years, maybe 5 on some cars.

Sorry but you have no chance in court, but your motor isn't blown just the head gasket? If I were you let your mechanic replace it, it'll cost you maybe a grand, and you'll be back on the road again. Next time flush your fluids and replace stuff when it calls to be replaced. Get a haynes manual for your car. You probally have the original timing belt on there too (unless you have a chain), i'd look into replacing that too.

Answer 5

After driving a used car for 7 months, I don't think you have much of a chance in court. Next time you buy a car-----be more careful..

Answer 6

You probably bought this car in "as is" condition. That will be your key deciding whether you want to go to court. If it was sold in as is condition you probably won't win. Most used cars on a lot are sold in that manner.

Answer 7

You drove it for 7 months. You have no chance in hell. Next time, don't be so stupid.

Answer 8

I do not think you will win.