Legal Question - just purchased a car...

[sector6]

Hey guys,
Not sure what kind of buyer rights I might or might NOT have here. Maybe someone can enlighten me.

Here's the situation:
About a month or so ago, I purchased a 90ix (private sale) from a forum member for cheap money. Car has some issues as would be expected for the price I paid and for the mileage on the car (209k).

The whole point of buying the car was that it was a IX w/AWD. I wanted something to beat around in so I didn't kill my IS in the salt and snow here in New England.

I asked the seller what kind of condition the AWD system was in and he stated it was tested and functioning properly. So, I took his word for it.

Well, unfortunately that's not the case. I took it out today as we got a good 6" of snow and guess what, no AWD. Got stuck in my driveway! Rear wheels were roosting snow but the fronts didn't do shit.
Very Irritated about this. Not sure what the extent of the problem with the system is, but I'm sure it's not going to be cheap to fix or get parts.

I know, I should have checked to make sure it was working sooner than this, but I had no reason to doubt him. Which in hindsight was very stupid on my part!

Am I fucked on this issue? Is he liable for anything here?

Any advise would be appreciated.

Thanks!
Paul

[Farbin Kaiber]

Did you get it in writing?

[sector6]

Did you get it in writing?

Unfortunately, no.

[Dave]

20 year old car with 200k+ miles, that was "for cheap"?

As-is, where-is, unless you got him to agree in writing otherwise.

[Mike30e]

No warranty implied, you did not have the system checked before purchasing, so, it's your repair bill. Unless as Farbin says, did you get anything in writing as to the condition on the car? If so then you may have something you can pursue.

[abefroman]

Did you get it in writing?

Thats what I was going to ask. You probably should have had it checked before you bought it but I guess its too late. I'm no legal expert but I think its on you to make sure everything is in proper order before you buy a used car. Sucks man.

[MikeK]

private sales are assumed caveat emptor

[TexasTerp]

I'm with Farbin, if you didn't get anything in writing then you're kinda fucked. I mean it's a moral dilemma after that. you can contact the seller and ask him to help out but that's about it. See what the seller is willing to do, granted if he knew about the problem before hand and lied to you he is an asshole but he's technically not liable. Sounds like a possible transfer case problem. question, how did you get the car to you? did you have it shipped, what?

[sector6]

ok, I figured I was fucked. Not a huge deal. I got what I paid for.

Thanks for the replies!

[Mauiwowi]

What kinda tranny do you have? im swapping my auto for manual so if you need a auto tc or something i may be able to help.

I just got my 89ix for the exact same reason, to let the 318IS chill for winter. I dont know much about them, but if it is your TC i have found PLEANTY online for affordable prices. Good luck getting it fixed, you wont want to go back to your is afterwords.

[Farbin Kaiber]

It's not tranny, sounds like transfer case, front driveshaft, front diff issues.

[sector6]

What kinda tranny do you have? im swapping my auto for manual so if you need a auto tc or something i may be able to help.

I just got my 89ix for the exact same reason, to let the 318IS chill for winter. I dont know much about them, but if it is your TC i have found PLEANTY online for affordable prices. Good luck getting it fixed, you wont want to go back to your is afterwords.

It's a getrag 260, I believe.

Like Farbin said, it's not the tranny. Either the front drive shaft, TC, or front diff. Yet to be determined.
I'll probably just end up throwing some studded snows on and rock it as-is for this season.
Too close to F'n Christmas to be buying parts for it now. :neutral:

[Farbin Kaiber]

I hear iX parts are cheap.

[george graves]

iX's sound like a bitch.

[sector6]

iX's sound like a bitch.

yea, so far it hasn't been too good to me. You get what you pay for! :D