semlin
curmudgeon
In the case of the engines he was selling one thing, a 427 that had been rebuilt, and shipping another, a 406 junkyard block. In this case he's selling a used vehicle which generally has specific laws about buyer protection i.e. mileage rollbacks and often little else, and his claims are defendable. Was the engine rebuilt? Yes. Poorly, and not completely, but within a broad interpretation it was. What does mostly rust free mean?
I'm not defending the guy. I'm no lawyer. I'm just saying I can't see how you're going to get anyone interested in suing this guy. You tell a lawyer you bought a vehicle for 5 figures off the Internet with no inspection, what's he gonna say?
t.
you do not need a lawyer to sue in small claims court. at most, you need a small amount of help from a lawyer and plenty are willing to do that.
based on this:
The current owner bought it from a self-proclaimed 'Cruiser expert' as a restored truck for a price well into 5 figures. A letter that accompanied the truck stated it had rebuilt engine/trans/t-case, new tires, paint, no rust, etc. As the truck is being repaired, it has become obvious that almost all statements made by the PO regarding the FJ40 are incorrect.
the owner may well have a claim. a lawyer would need to read the letter and investigate the rest of the paperwork and hear the details.
a lawyer could also tell the op if he has a jurisdictional right to sue in his home state.
might be worth a one hour meeting to find out. or he could chalk it up to experience.