3rd Generation Specific (1993-2002) 1993-2002 Discussion including performance modifications and Technical Support Sections.
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Old Jul 27, 2006 | 10:47 PM
  #26  
fanloi's Avatar
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i think if the car break down in the first month. u have the right o ask the money back
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Old Jul 27, 2006 | 11:18 PM
  #27  
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Originally Posted by fanloi
i think if the car break down in the first month. u have the right o ask the money back
No. You should know what you are doing with used cars, especially an FD.
The buyer has all the responsibility to have the car checked out. Unfortunately we all know about the shady people out there.
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Old Jul 27, 2006 | 11:57 PM
  #28  
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Originally Posted by fdeeznutz
No. You should know what you are doing with used cars, especially an FD.
The buyer has all the responsibility to have the car checked out. Unfortunately we all know about the shady people out there.
There is something called an implied warranty of merchantability. The basic premise behind this is that if someone sells an item, be it a car or a blender, a warranty automatically implies to the sale as long as there are no other "warranties" or agreements limiting the liability of the seller. If I sell you a blender without issuing a limited warranty, you, by law, automatically have a warranty on that blender which will give you recourse if you should soon learn that you supposed "super blender" is good for nothing but stirring. When you receive a "limited warranty" from a dealership you are actually forfeiting your full warranty for a cooked up limited warranty which is actually just a contract that limits your future possibilities for recourse. If the person selling the car indicated that it was in working order and tried to mask temp issues with a temp sensor story, then you have his ***. Did part of the discussion involve you agreeing to pay for the car "as-is"? If you paid in person, then you should be able to take him to small claims court where the transaction took place. If you paid over the internet then you are likely assed out, since it will be tough to establish an appropriate venue.

If the car is in excellent shape aside from the engine then I suggest keeping the car and replacing the engine because when all is said and done, you still got one hell of a deal. With all of the swaps going on you should be able to find a newly rebuilt, or low mileage engine with little problem. Though you are always taking a risk purchasing someone else's engine, it is definitely a good way to save your wallet from an expensive rebuild.
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Old Jul 28, 2006 | 07:08 PM
  #29  
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I believe the implied warranty of merchantability only applies to merchants of a good of that type- in this case people who sell cars with some regularity. Individuals do not have this imposed upon them as they are not experts in these kinds of goods and therefore cannot be charged with the knowledge that the thing they are selling is not in good condition.

If you can buy a 3rd ged rx7 for under 8 grand there better be something wrong with it.

Last edited by silverstreak; Jul 28, 2006 at 07:18 PM.
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Old Jul 28, 2006 | 07:36 PM
  #30  
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Obviously, the seller lied. Highly unlikely you have any recourse, because he will lie again if questioned about it. Consider it a lesson learned, and get the car fixed.
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Old Jul 28, 2006 | 07:48 PM
  #31  
AMRAAM4's Avatar
twinturboteddy ws my idol
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Originally Posted by wanklin
There is something called an implied warranty of merchantability. The basic premise behind this is that if someone sells an item, be it a car or a blender, a warranty automatically implies to the sale as long as there are no other "warranties" or agreements limiting the liability of the seller. If I sell you a blender without issuing a limited warranty, you, by law, automatically have a warranty on that blender which will give you recourse if you should soon learn that you supposed "super blender" is good for nothing but stirring. When you receive a "limited warranty" from a dealership you are actually forfeiting your full warranty for a cooked up limited warranty which is actually just a contract that limits your future possibilities for recourse. If the person selling the car indicated that it was in working order and tried to mask temp issues with a temp sensor story, then you have his ***. Did part of the discussion involve you agreeing to pay for the car "as-is"? If you paid in person, then you should be able to take him to small claims court where the transaction took place. If you paid over the internet then you are likely assed out, since it will be tough to establish an appropriate venue.

If the car is in excellent shape aside from the engine then I suggest keeping the car and replacing the engine because when all is said and done, you still got one hell of a deal. With all of the swaps going on you should be able to find a newly rebuilt, or low mileage engine with little problem. Though you are always taking a risk purchasing someone else's engine, it is definitely a good way to save your wallet from an expensive rebuild.
That's a great theoretical explanation, but the reality is, he'll be hard pressed to find a court that will be able to prove negligence on the seller's part as being obvious. Especially if the seller is a good liar

And then...to top it off, if the seller no longer has the money, or any other money....the buyer won't get a penny anyhow.

Once again, I'm with the adam c man here.

P.S. I still think this needs to be a stiocky in the 4 sale section.
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Old Jul 28, 2006 | 08:20 PM
  #32  
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Rob
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Originally Posted by silverstreak
I believe the implied warranty of merchantability only applies to merchants of a good of that type- in this case people who sell cars with some regularity. Individuals do not have this imposed upon them as they are not experts in these kinds of goods and therefore cannot be charged with the knowledge that the thing they are selling is not in good condition.

If you can buy a 3rd ged rx7 for under 8 grand there better be something wrong with it.
This is true - good point, he would have to demonstrate more than an average knowledge of these cars based on historical experience or qualifications. Too many iffs to speculate without knowing the details.

I'd just fix it and roll.
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Old Jul 28, 2006 | 08:24 PM
  #33  
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Rob
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Originally Posted by AMRAAM4
That's a great theoretical explanation, but the reality is, he'll be hard pressed to find a court that will be able to prove negligence on the seller's part as being obvious. Especially if the seller is a good liar

And then...to top it off, if the seller no longer has the money, or any other money....the buyer won't get a penny anyhow.

Once again, I'm with the adam c man here.

P.S. I still think this needs to be a stiocky in the 4 sale section.
That's a textbook example of why you should bring a pen and paper to the table before you break out your wallet.
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Old Jul 28, 2006 | 08:50 PM
  #34  
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twinturboteddy ws my idol
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From: Elkton, MD
Originally Posted by wanklin
That's a textbook example of why you should bring a pen and paper to the table before you break out your wallet.
completely agree wanklin. I often get the stink eye when I do deals worth a lot of money, even with friends, they think I am being to paranoid or ****...but as a plethera experience has shown, you can never be too safe.
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