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01-26-2009, 09:47 PM
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#1 | | GO FLAMES GO
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| can i take someone to court over private sale?
im curious if i can take someone to court if the engine dies after 1000km's of purchasing the vehicle from that person?
not gonna be heart broken if i cant...just curious
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01-26-2009, 09:58 PM
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#2 | | Revscene.net has a homepage?!
Join Date: Dec 2003 Location: Vancouver
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Cars sold used are sold 'as is', so you are out of luck. Looks like you are going to have to pay out of your own pockets to get your car fixed.
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01-26-2009, 10:00 PM
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#3 | | Hacked RS to become a mod
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The court will give you a latin lesson. First phrase: Caveat Emptor
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01-26-2009, 10:02 PM
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#4 | | RS.net, helping ugly ppl have sex since 2001
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and no private sales no guarantee everything works. If you had any doubts at all you should have walked away.
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01-26-2009, 10:14 PM
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#5 | | Everyone wants a piece of R S...
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Unless the previous owner wrote you some sort of guarantee and this is specifically covered... otherwise you're out of luck here. Plus 1000km is no short distance...
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01-26-2009, 11:25 PM
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#6 | | Diagonally parked in a parallel universe
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Once you agree to purchase the car and drove 1000 km, you have zero to no ground of arguing unless the seller told you that the car can drive a million miles
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01-27-2009, 06:57 AM
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#7 | | Witness protection
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did your hilux blow up?  | |
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01-27-2009, 11:03 AM
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#8 | | Willing to sell body for a few minutes on RS
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Maybe if it blew up on the way home from picking it up. You put 1000kms on it no chance a court would side with you.
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01-27-2009, 11:05 AM
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#9 | | GO FLAMES GO
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no she is still good....got a crack in the #4 cylinder....so it is burning coolant...still plenty drivable, just gotta top up coolant
i knew the head was gonna crack because of toyotas design flaw on the 2.4L heads, where 80% of them crack, yet toyota doesnt offer a recall, oh well
i was already planning on changing the head myself since i know there is a defect in these heads...i was just curious if i could get him to pay for it...i dont mind paying, but if he paid i could get some sick surround sound on the side :P
__________________
2013 Toyota Tundra CrewMax TRD Offroad *CURRENT*
2005 Nissan Xterra SE *SOLD*
1991 Toyota Hilux Surf SSR-X Widebody *SOLD*
2001 Acura Integra Type-R *SOLD*
Club-Integra.net OG
Your Friendly Neighborhood Firefighter
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01-27-2009, 12:42 PM
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#10 | | RS.net, where our google ads make absolutely no sense!
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Short Answer - NO.
Why No? (you ask)
"Caveat Emptor" means Buyer Beware. It basically means that buyer must do their own investigation/due dilligence when buying something used. It applies when you're buying real estate or a used vehicle. No guarantees are given on these items. However, you're not always out of luck when purchasing real estate or a used vehicle. For Caveat Emptor not to apply the item purchased must be fundamentally different from what was actully advertised and what you intended to purchase. Following this discovery you must bring it to the other party's attention as soon as possible after the sale, and stop using the item immediatly to mitigate the damage to the item.
Here are the things that would work against your claim.
1. You received the vehicle you intended to purchase. Fundamentally different would be if they sold you a Suzuki modified to look like a Toyota, after showing you a Toyota first.
2. You have driven the vehicle 1000kms, not sure how long you've had the vehicle.
3. You also knew these vehicles are prone to this very specific problem.
Things that would work in your favour.
______  ______
Good Luck with the repair.
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01-28-2009, 10:43 AM
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#11 | | I *heart* Revscene.net very Muchie
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You are all responding with a great deal of common sense but not answering the question directly.
Can you take someone to court? Yes.
Will you win? No.
Last edited by Mancini; 01-28-2009 at 08:58 PM.
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