Engine not as advertised.....

[chimo22]

Okay, I am looking for suggestions or advice here. I recently drove out of state and purchased a motor that was "professionally rebuilt" tens years ago and has been wrapped from the builder until 3 months ago. The ad stated the motor should probably be pulled down, cleaned and reassembled. In addition to the ad I have emails stating this guy pulled the heads and stated there doesn't appear to be any build up on the cylinders.

When I returned home and pulled the engine down I found rust in the cylinders, rust on the bottom of the heads, rust on the crank, the rods were rusty too. I also found the motor to be .60 over (he told me in person it was .30)

I called this person to notify of the issues. The person basically directed me to his lawyer. They are stating "buyer beware" in this state.

Is there anything I can do? I believe the ad and the email do not represent the product.

Any suggestions?

[GTO JOHN]

There has to be someone on the board with an opinion....

This was not your regular $300 engine purchase, It was a complete Ram Air III YZ code with correct heads, intake, carb, etc. that is already at .060 with rust pitting in the cylinder walls and combustion chambers.

I already know the story and don't want to post my opinion to skew the responses but the buyer does not just want to eat this purchase as I'm sure none of you would.

What can he do? Return motor? Stop payment on check? File lawsuit?

This motor was not as advertised and he had no way to pull it down at the pickup location. It was checked out the very next day when he got home.

I'll post my thoughts after some other have posted theirs.

[mwritter]

I believe the Uniform Commercial Code would apply (article 2 Sales), but you'll have to check your local statutes to see what portions your state has adopted. The buyer has a reasonable time to inspect the goods, and he can reject them if "non-conforming." He must notify the seller of the rejection, who has to arrange to pick the item up. If he doesn't, the buyer can sell it and sue for the difference. There are other remedies available, but again you'll have to check your state statutes. In NJ, the UCC article 2 begins at N.J.S.A. 12A:2-101. Try www.findlaw.com to look up your local version of the UCC. But I'd act fast, the UCC is full of time restraints.

[al6389]

If the flaws were discovered yesterday, stop payment!!! let the seller do the legwork to defend his sale. otherwise, good luck.

[chimo22]

I was able to stop payment on the check. Now I am being threatened with Fraud charges because I have the property and the money. I have given a timeframe for the individual to pick up their property (Unfortunately this person is over 300 miles away)

They are stating that is unacceptable and want me to drive it back, suggestions?

by the way, the party I am dealing with is comprised of a lawyer and a police chief (husband & wife)

[mwritter]

Under section 2-601(2)(b) of the UCC, where the buyer has physical possession of rightfully rejected goods, the buyer has "a duty after rejection to hold them with reasonable care" in order to allow the seller sufficent time to remove the goods. Section 2-601(2)(c) says that the buyer has no further obligation with regard to rightfully rejected goods.

The short answer: he has to pick the engine up, you have to take reasonable care of it in the meantime. And again - make sure to check your state's UCC, it may vary slightly, but it's pretty universal.

[A-body]

It it were me, and I had my money. I would probably drive the 300 miles and push it out of the back of my pickup onto his lawn. But thats me.
You have both the engine and your money. Try to set up a deal where you meet him halfway. Sure you will be out time and money, write it off as a learning experience.
Gary

[chimo22]

I proposed the "meet halfway" approach. They flat out refused to do that. I contacted an attorney this morning who strongly advised me against going back into their state with this property. He stated I could be served with a lawsuit at that point. He also stated that if I am in a different state a outstate lawsuit means nothing to me unless they also file in the county I reside..... This is a complete disaster.

In response to the UCC laws, my contact did state he isn't up to speed on the UCC (his expertise is in other areas).

Has anyone ever split freighting costs when selling over long distance?

[dave bolduc]

horror story....

what was his response after all to the condition you found motor in....If it was "buyer beware" as stated....send the scumbag a certified letter saying that 30 days is reasonable for him to pick it up....


why would you care much for a guy who was rippin you off. New Jersey practice would follow above.....pick a late nite....dump that POS on his lawn


good luck...the problem is now his......

[steve v]

He probably didn't even know what the inside of that motor looked like & was going by someone else's description from years ago. If he truly knew it was junk when he sold it to you he probably would have insisted on cash, not a check.

That still doesn't excuse him for misrepresenting it, if he honestly didn't know it's condition he should have said so.

If he got good $$$ for it he should have first had it cleaned & checked out by a competent machine shop to protect himself and the buyer.

I wouldn't offer to take it back or pay any of the freight bill, your already out your expense of picking it up. Let him come and get it, he's got some responsibilty for your current situation also!

[Jeff Hamlin]

My 2c...
I agree with the above statement send him a certified letter stating he has X many days to come get it or it's junk! You already made the trip based on HIS description, now its his turn.

[Bill Bolin]

You can send it back freight collect. Give him the option of freight collect or he can come pick it up! You are already out the travel expenses and the cancelled check fee. Not to mention your time of going to get it, bring it home and teardown time. I think you have paid enough.

[rwfisher]

Your best bet is to get the engine back in his possesion as soon as you can so he can't claim YOU ripped HIM off!! For 300mi I would think you could get it shipped back to him (he must sign for it) and you would be out $300.00. Lesson learned the hard way but it would be done with...... My .02

[racerboy]

Matt's spot on with his advice regarding the UCC.

Just out of curiosity, this isn't another one of Ed Waller's (sic) engines, is it? I'm still battling with the guy that sold me a cracked WS block that he bought from Ed. Almost the exact same situation (excpet block was cracked, not rusted). If I don't get satisfaction, I may very well file suit in his state (GA) and take a ride down there to litigate the matter. Again, not a $300 engine. more like $3000.

At least you were able to stop payment on the check.

[Pontiacmuscle]

If it were me.....Id ship it back freight collect so he has to pay for it; end of story....you have a BOL with a tracking number and make sure they sign for it.
Palletize, drop it at you local freight company making sure you take pics of how carefully you palletized it to cover your tush and send it! Hasta Lavista Baby!

[GTOLou]

I'd get it back to him also - I would even consider losing $100.00 or so on shipping and just chalk it up to a learning experience. Ship it, keep records, take pictures etc.

I would bend over backward to not aggravate the situation and get it back to him.You will look like you did everything to rectify the situation.

Other option might be to ask him if he wants to re-negotiate the price based on what you found (If you want it anyway at a reduced price)/.

Two figure of speeches come to mind: In a difficult situation - always take the high road. And, when you get down and wrestle with a pig - you usually end up smelling like ***** also.

[JKGTO]

If you have to eat the cost of returning the engine just to get it over with and after this buyer beware. Then post this guys name on every website you can so no one else gets taken and he has real trouble selling anything else. There are too many good people on here to deal with and you know who you are buying from. We will just have to be self policeing from now on I guess to get rid of these dead beats. Jim

[Jerry H.]

I think you still have a problem with the 'stop payment' on your check. I am no lawyer, but you still received the merchandise. You had no right to stop payment on the check. Even though the engine was not as advertised, you should have not stopped payment legally. I'll bet your lawyer told you that also. They are other legal methods to go through to recoup your losses, but IF you received the engine, then I don't think the condition of the engine is grounds to stop payment on a check. JMHO

[6t7gto]

A Stop Payment on a check is a civil matter not criminal.
meaning there is a discrepancy between the two participants.
my thoughts are you received a less than satisfactory product.
it is the same as someone doing some work for you and you are not satisfied with the quality of the work.

i feel he should pay for the shipping to get the motor back or give you a satisfactory discount if you decide to keep it.

if he wants to pursue the matter, let a judge decide.
david

[tajunkman]

I dont know the solution to your problems, but be careful not to do anything that could make it more complicated. If the seller didn't feel compelled to make it right when he found out that it was crap, then he is dishonest and you should not put anything past him. What if you send it back and the engine is lost or damaged by the shipper? What if the engine arrives safe and sound, but the guy claims you sent him a 2 barrel 350 engine? CYA! Good luck, hope it works out for you.

[chimo22]

Hey guys thanks for all the feedback.

I resolved the situation today by driving down and dropping the property off at his home. It was a 10 hour day in the car for me but it's a relief to have the situation behind me.

Once again, thanks for all the advice guys.

[se428bandit]

TAjunkman has a good point, i would take it back to him and not ship it back.

[Held for Ransom]

What kind of YZ motor was it? I have a 1970 Firebird YZ I'm thinking about selling.

[chimo22]

What kind of YZ motor was it? I have a 1970 Firebird YZ I'm thinking about selling.


It was a YZ '979914' not sure of the original car. I wasn't going after the YZ because I need it to match up with my car. I was going after for a '72 and to have on hand for a possible future project engine.