Bill of sale used golf cart question?

Question

We bought a used golf cart today for 3500.00.
Test drove it yesterday, and it was fine.
The bill of sale that the seller typed up states 'as is' and told us that there was nothing wrong with it....(we wrote a check)
After driving it for a couple of hours today, the thing was smoking so bad from the tail pipe that I'm surprised that birds were not falling from the trees.
Husband tried calling the guy and wouldnt ya know it he wont answer or call us back. So.....husband has now loaded the thing up and is taking it to the guys house, (as I type). We plan to put a stop payment on the check in the morning.
Are we outta luck?
We just bought it about 5 hours ago..MAX
Opinions or suggestions? I'm anxiously waiting to here from my husband, to see what the guy says or does....

John W
thank you. I was afraid someone would say that.
As mad as my husband is right now, the guy will definetly have to sue and lose part of his money to pay a lawyer. That is of course, unless they can make US pay that TOO.
This really sucks, I cant believe this....

Answer 1

I have done this with a car I bought. I stop payment on the check and returned the car to the person I bought it from and mail the keys to them where they had to sign for them a i got a return receipt. The car ran long enough to get around the corner and had to be towed back.

Answer 2

Unfortunately John W is correct. The definition of 'as is' is that the seller makes NO representation of the condition of the product. The written contract ALWAYS trumps any oral statements. If you put a stop payment on a check that you actually wrote willingly, YOU are guilty of fraud.

Answer 3

Unfortunateley it is caveat emptor...buyer beware...if he put the stipulation "as is" you do not have legal recourse. You could put stop payment on the check and risk being sued yourself for fraud.