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[lshobie]

Engines don't have to be made idiot proof, but they do have to be made so they are merchantable and pass the "reasonable man" test in my books - if it can be called that.

I guess the easiest way to explain it would be that if I handed the keys to the vehicle to take it somewhere, I shouldnt have to tell them what will and won't destroy the engine. There is no disclaimer that says "only to be driven by people who have been trained in the non-destructive operation of this engine" on this vehicle - and there shouldnt have to be.

Just my opinon of course.

Regards

 

[hawkesis]

adam this post is for you!

apparently bc small claims court has a limit of $25,000.00 per claim.

This is a good thing because it means Jack will probably be able to recoupe from you some of the additional cost incurred with the purchase of this vehicle.

Following Semlin's posts he has a pretty good chance at clawing back some $$$$$.

Sorry buddy, but my advice to him will be to go for it. He has nothing to lose at this point, he can only gain form the extra effort.

Jack's wife lives in Prince George so it's not like it will be a big deal to initiate the court action.

If you step back from the whole situation and looked at it as if this had just happened to you, I am sure you would follow the same course of action.

Towing from Hinton to Edmonton ...$500.00
Vehicle repairs could range from $1500.00 to $3500.00
Airfare to Edmonton from Regina $200.00.

So he's potentially looking at asking the court for $4200.00

Just a heads-up....he would be stupid not to do this at this point!

 

[crushers]

the only thing i can see wrong with your claim is whether you can prove the head was faulty at time of purchase.
if i was called to testify with the expereince i have with these engines i can emphaticly state that these heads can crack with minor mistreatment. driving them through the mountains can and will cause cracking if lugged or driven hard.
the idea that the engine didn't show any sign of overheating till Hinton would show that there was no issue for at least 200 miles in which case the symtoms would have shown up in the first hour of driving should hte head have been cracked at time of purchase.
it is not up to me whether you take Adam to court or not (and in reality i don't really care one way or the other) but you need to prove the head WAS cracked before the lady drove it which will be hard to do.

similar idea:
i sold a HJ61 to a gent and during the test drive i noticed he rode the clutch badly and i mentioned this and made a note of it. a month later he contacts me looking for a clutch. now is this my fault that he couldn't drive a standard? no. but i warrantied the parts and he paid the labour.

as frustrating as this situation is, there is a chance of unintentional driver error or abuse. i feel it would be very hard to prove one way or the other.

i would hope that this situation is resolved without the courts being involved but if you feel it is necessary then you are in your rights to do so.

cheers and peace.
<to make sure you understand, i am not on ANYONE'S side. i am just looking at it from the audience and commenting>

 

[semlin]

wayne. she does not need to prove the head was cracked when she bought it any more than someone has to prove an engine had already thrown a rod when they bought it if it throws one a mile away from the dealer. all she needs to show is that the susceptibility to imminent failure from normal use was already there when she bought it. Because she had the vehicle for such a short time, she can do this quite easily by showing that she did nothing abnormal after she bought it that contributed to the failure. since adam knew where it was going he can't argue the hills she crossed were abnormal use and, in any event, i very seriously doubt a judge would accept that there is anything remotely abnormal about a vehicle with only 73,000km advertised the way it was being driven over the rockies by a woman who is a qualified driving instructor.

 

[lshobie]

I dunno, I think if they were standing before a female judge it's a slam dunk case.

Private sales are one thing, potential curbers are another -the courts have no sympathy for curbers these days.

 

[hawkesis]

thanks semlin...that is what you stated in another post and i see no reason not to test the waters!

maybe it's not a cracked head, the guy who looked under the hood in Hinton said there was a pinhole leak in the rad. the guy at jap motors in edmonton said the coolant was pink, that particular pink coolant causes sludge buildup, or so my research has shown.

point is we really don't know what the problem is...but whatever I will not be advising Jack to sit on his hands and suck it up.

 

[Cruisin'Carolina]

SO all of this s*** could be a $175 radiator?

How many chicks do sludge research?

What is that smell?

Unfxxxingbelievable.

 

[crushers]

wayne. she does not need to prove the head was cracked when she bought it.

dude, i am no judge and do not pretend to be. i know that if someone took me to court over something like this i would have her prove that i sold an unfit unit. i am looking at it from a bystanders view.
the accusation is that the truck was unfit at time of sale but there is no proof of that being the case. there is no proof that she did NOT abuse the truck during her drive to Hinton (and i am not saying she did abuse it). i am neutral on the case.
if this does end up being a pin hole leak in the rad and she overheated the engine then damage could still have occured to the head which MIGHT or MAY NOT show up imediately. i do know for a fact that these engines can crack the heads in a very short period of time.
if she lugged the 2LTE or drove it hard then the results can be the same, damage can be done.
Semlin, can you prove she did not abuse the unit? being a driving instructor does not prove she did not. no more than being a mechanic will say that their unit is in tip top shape.
as far as i can see there is no proof either way.
once again i have not met either party so i am neutral in this.

 

[Tapage]

SO all of this s*** could be a $175 radiator?

great notice anycase .. and for sure was a great brain storm about 2l-T* engines ..

The glas is half full .. !

 

[hawkesis]

SO all of this **** could be a $175 radiator?

How many chicks do sludge research?

What is that smell?

Un****ingbelievable.

this chick!!!

I do believe this board has provided me with a wealth of information!

What.....do you think most women are brain dead?

 

[Previa Diesel]

Engines don't have to be made idiot proof

Poor choice of words as I half thought at the time, but "soldier-proof" wouldn't mean much to some folks. No reflection on the principals in this case of course.

What.....do you think most women are brain dead?

I would say most women have almost no interest in understanding mechanical matters - not that they can't, simply that it doesn't interest them and their attitude is, like my wife's, 'as long as it runs it's OK'.

Funny how little girls seem to prefer dolls to mecchano sets. It's not socialization...

Since the driver is not here to answer questions, perhaps we should adjourn until both principals are present?

 

[hawkesis]

crushers...a question for you.

I just had lunch with Bev, she said she turned on the heater when the over-heating started in an attempt to help cool the engine.

She got no heat what-so-ever, neither was she running the ac.

Could this mean it was a faulty water pump?

 

[Previa Diesel]

she said she turned on the heater when the over-heating started in an attempt to help cool the engine. She got no heat what-so-ever, neither was she running the ac.

Should have pulled over right there. Sounds like an air-lock.

The 2LT/2LTE cooling system has some compplicated pipe runs which make it renowned for getting partial blockages due to all the bends in the pipework and internal waterways. Also it's a real bad engine for getting airlocks.

 

[semlin]

could also be no coolant so nothing circulating through the heater core. mine did that when i had a pinhole leak that led to me blowing the head gasket. I recall seeing the temp gauge move as i was going onto the 2nd narrows bridge in heavy traffic, cranking the heat thinking that would get me over the bridge, feeling cold air, looking back at the temp gauge still moving and going oh crap.

before everyone piles on, if it was a coolant system failure that led to the failure it makes no difference to Adam's liability unless it is more likely than not that this failure spontaneously arose rather than that the vehicle was already susceptible at the time of sale. the problem facing the seller here is that as between 73000km before sale and 300km after sale, it is much more likely that the the circumstances causing a rad failure were already in place before rather than after the sale. the onus will be on adam to show how some abnormal or negligent use after he sold or some external event (meteorite?) led to the failure.

 

[Cruisin'Carolina]

So, it continues to be Adam's liability?

Did the gauges work?

So anyone selling anything in Canada is liable for everything after the sale.

Are the roots in French or English law?

I am amazed.

 

[crushers]

crushers...a question for you.

----I just had lunch with Bev, she said she turned on the heater when the over-heating started in an attempt to help cool the engine.

A:
this was an inteligent move and most would not have know to do this. congrates.
this tells me that the water level was too low to circulate properly. did anyone check the coolant level before the trip? (no, i am not trying to point fingers either way) if there was a pin hole leak in the rad she might have smelt a sweet antifreeze smell and there should have been fluid covering the front of the engine. now, she might not have noticed this if the engine did boil over but on the LJ78 the vent goes down the passenger's inner fender so then the coolant should not have gotten on the front of the engine from the boil over (i am assuming that the engine did actually boil over).
one suggestion, before the rad gets replaced i would cover the hole and then do a coolant pressure test to see if there is any other leaks also fire the truck up and bring it to operating temp then shut it down for about 10 minutes, fire it up again and see if a cloud of white smoke comes out. if so then pull the head and replace, it is cracked.

----Could this mean it was a faulty water pump?
A:
not too likely. i have not had any issue with the water pumps so far but i do recommend a new one should any work be done in that area i.e. timing belt replacement (which i do recommend if you replace the head and replace the 2? idlers at the same time.

hope this helps.

Bev, sorry to hear of your misfortune. i really hope all works out in the end.

cheers

 

[expat]

mine did that when i had a pinhole leak that led to me blowing the head gasket. I recall seeing the temp gauge move as i was going onto the 2nd narrows bridge in heavy traffic, cranking the heat thinking that would get me over the bridge, feeling cold air, looking back at the temp gauge still moving and going oh crap.

Soooooo....did you sue?

 

[Zimm]

So, it continues to be Adam's liability?

Did the gauges work?

So anyone selling anything in Canada is liable for everything after the sale.

Are the roots in French or English law?

I am amazed.

i wouldnt be willing to wright off all of canada yet. but i'd most certainly make sure i was south of the border if i sold anything to the hawke family! a "public" heads up? if it was just a heads up, hawkesis would have pm'd him. this nothing but a continued effort to slam the guy before there is any proof. s***, nobody even knows whats wrong!

 

[Cruisin'Carolina]

True. Much to do about possibly nothing. And now the truck resides far, far away and the $$$, much less a true chance of a second opinion, is out of both parties hands.....That is, unless someone goes out and looks it over and finds out what is really wrong with it. I'm not holding my breath.

I'll hang on to the belief that most Canuckians are honest, and the legal system will work when the true facts come out.

I'll also hold on to the realization, as is reaffirmed in my office everyday, is that people stretched thin will turn on you in a heartbeat, and forget about personal responsibility to avoid shouldering a loss. It is human nature. The ugly side, sure, but human nature unfettered by sense of right and wrong.

Does anyone even do pre-purchase inspections north of the border? If this case serves as pulse, why bother? It's ALWAYS the other guys fault....right?

 

[semlin]

Soooooo....did you sue?

nope, it was my own fault for not stopping and i also try to avoid suing people whereever i can. i have nevr suggested they sue. just told them they could .