Need help!!

[1967k10]

I pulled my D-Max motor a while back because I got it hot and it started getting coolant into the oil. I figured bad headgasket and talked to numerous other Duramax nuts and a couple Tech's and they confirmed my suspetion was right. I then located a low milege motor for a decent price and just swapped motors cause headgaskets were going to set me back $2500-$3000 to have the dealer do it.
I advertised the old motor saying it had bad headgaskets that had been overheated. Guy calls and buys it sight unseen and sends me a Postal M.O.
In 6-8weeks he finally comes to get it and takes it home and lets it sit for at least another 4 weeks before doing anything with it . I have proof cause another guy I did some business with was at this guys place 4 weeks after the fact and it was still sitting in the bed of his truck . Anyway a total of 6weeks after he picked it up he calls me and says the block is cracked and that I need to pay for a new block . I told him we'd try to locate one and work something out

Now the question is should I be paying for the whole cost of the block for a motor that was sold "as is" {No warranty implyed} without any inspection on his part?? I mean I didn't know any more than I told him and would not have sold it had I known it was cracked. He wants me to cough up $650 for another block and I don't think I should have to pay all of it. A salvage yard would give it 30 days from the time it was payed for and after that you are screwed.
I an not a salvage yard. I treat people I sell parts to right but after a total of 2.5-3mo from the time it was payed for I think is stretching it a lot.
Any input would be appreciated.
Thanks

 

[Chaddy]

Now the question is should I be paying for the whole cost of the block for a motor that was sold "as is"

Nope. I wouldnt pay for any of it after 6 weeks, let alone sold (as is)

 

[muddybuddy]

yep "as is" is "as is", its his fault he bought it sight unseen. after 6 weeks thats definitely not your responsibility

 

[el diablo]

It all depends if you mislead him or not. Doesn't make sense to me you would replace an engine becasue of a blown head gasket.
If the block is cracked you should take the engine back and give him his money back. Put yourself in his shoes, what would you want done.

 

[reddog64]

He should of inspected it apon buying it.

I sold a b18 (Acura Motor) to a guy a while back.
Fresh rebuild, ran great for teh 3,000 miles i drove it.
Guy called me a month after he bought it, said it was knocking and burning oil...

I laughed and hung up.
Dumbhat blew it up (put it in some weird 'non oem' car...)

Point it, he should of inspected it after arriving...
I'd say sorry for your loss, but probably give him a couple hundred towards a new block.

 

[Pvt. Maggot]

If I was told the motor had bad headgaskets, and overheated, I would have not bought it, or checked it out very well. if he never saw it, checked it out after sending the money and only looked it over slightly and then, said ok, And then waited that long to try and do anything after he found out he didn't look good enough, I say try and help him locate another block for cheap at best, it is not your responsibility as you said the motor had issues and he bought it, did you write him out a bill of sale or anything? I say tell him to take a hike, if I was in his shoes i'd just walk away with my tail between my legs knowing I did something I would never do, but thats just me.

 

[Metrodps]

I pulled my D-Max motor a while back because I got it hot and it started getting coolant into the oil. I figured bad head gasket and talked to numerous other Duramax nuts and a couple Tech's and they confirmed my suspetion was right.

I advertised the old motor saying it had bad head gaskets that had been overheated. Guy calls and buys it sight unseen and sends me a Postal M.O.

In 6-8weeks he finally comes to get it and takes it home and lets it sit for at least another 4 weeks before doing anything with it . I have proof cause another guy I did some business with was at this guys place 4 weeks after the fact and it was still sitting in the bed of his truck . Anyway a total of 6weeks after he picked it up he calls me and says the block is cracked and that I need to pay for a new block . I told him we'd try to locate one and work something out

Now the question is should I be paying for the whole cost of the block for a motor that was sold "as is" {No warranty implied} without any inspection on his part??

I always hate to post in these kind of threads because you can't win.

More information needed How was the ad worded? This means a lot in a court case.

When he called what questions were asked and what information did you provide.

What did he pay for the motor?

I have other questions but will wait for an answer before asking them.


NOTE: I am not taking any side or making a comment till I hear more.

 

[blazin_blazer]

really... a Guy calls and buys it sight unseen and sends you a Postal M.O.
then In 6-8weeks he finally comes to get it and takes it home and lets it sit for at least another 4 weeks before doing anything with it,

a month after he picked it up, it sat in the bed of his truck, may have filled w/water and froze and busted while sittin in the bed of his truck.
did you give him a bill of sale, stating as is? if so tell him to refer to bill of sale!

any1 who buys an engine site unseen after being told it has issues(no matter what they are), then waits over 2 months to pick it up, then waits another month before inspecting it, and wants you to buy parts for it, i would chuckle and tell him he should have inspected it when he picked it up, 2 months after he bought it sight unseen, thats crazy!

so if i buy a motor from you sight unseen, being told its been run hot and has issues, i wait months to pick it up, then another month before i mess w/it, and it turns out to have a cracked...anything, you would buy me the said part, i would think not(i wouldn't even ask you to, and anyone who would is a moron!) its not like your a business and even if you were, like you said most have a 30 day return policy.

like was said, put yourself in his shoes, would you expect the seller to return your money or buy you a new good part? sounds like he's tryin to take you for a ride and get a good motor out of one he knew had problems!

now if the guy was a good friend of yours, i'd help find a good block(maybe pay part), otherwise he would have to learn from his mistake! where is block cracked? externally? may have cracked if/when it rolled around in his truck bed! i can't get over this, its insanity!

 

[1967k10]

I told him all I knew and that was I had overheated it assumed the headgaskets were bad and replaced it with a different motor. It had 154K on it. I found a motor with 52K on it with tranny and t-case for $5000. I sold the t-case for $700,tranny for $1200 and old motor for $1800 That only cost me $1300 to loose 100K miles. Who wouldn't do that ????????

The bought it to completely tear it down to put custom crank,rods,pistons,cam,ect in for a sledpulling motor.
I recieved the check Oct 24th and he picked it up a couple days after Christmas and called me about 10 days ago for exact timing.

All comments are appreciated. I for one sure as heck wouldn't have bought a hot motor but what do I know .

It all depends if you mislead him or not. Doesn't make sense to me you would replace an engine becasue of a blown head gasket.
If the block is cracked you should take the engine back and give him his money back. Put yourself in his shoes, what would you want done.

 

[habitatxskate]

can you link us to your ad?

and post the emails? like someone metro said, i couldn't take sides, though it sounds like he could be playing you..

but again, i would need more info to make a decision

 

[1967k10]

I'm trying to get a link but the mods on the site say it's deleted . I'm going to try to get them to dig it up.

can you link us to your ad?

and post the emails? like someone metro said, i couldn't take sides, though it sounds like he could be playing you..

but again, i would need more info to make a decision

 

[USSkoval]

If the guy bought it, took it home and called a few days later saying the block was cracked, that would be one thing. But 4 weeks later, that's a little shady.
If you feel like being nice, give some money back on the deal, otherwise tell him to hug a root.

 

[1967k10]

I just talked to the guy that has the block that he wanted me to give him $650 for and the guy only wants $500 for it. This guy is trying to make a few extra $$$$ off the deal .

 

[Dabba]

yeah dude screw that guy. I mean that sucks for him but its his own damn fault. Even if you told him it was a headgasket, it would be ill of him not to look. As was said, if you're going to buy something, check it over. Especially if there are issues with it. Unless you had it in peices right there so you both could see it was the headgasket, who knows. You didnt know, the mechs didnt know and he dosnt have xray vision. His own fault, 6 weeks later, make him bite it.

 

[Metrodps]

I told him all I knew and that was I had overheated it assumed the head gaskets were bad and replaced it with a different motor. Sold motor for $1800

(?T)he bought it to completely tear it down to put custom crank,rods,pistons,cam,ect in for a sled pulling motor.
I received the check Oct 24th and he picked it up a couple days after Christmas and called me about 10 days ago for exact timing.

Did you or the ad make it clear motor was as is?

Did you write him a receipt for the motor?

You stated he left it for approximately two months. Was this to allow the money order to clear or did he request the delay on the pick up?

I just talked to the guy that has the block that he wanted me to give him $650 for and the guy only wants $500 for it. This guy is trying to make a few extra $$$$ off the deal .

Will the guy with the replacement motor send you and email stating that?

How have you been communicating with the guy who bought your bad motor?

 

[bigjimmy82]

I say f**K him and feed him fishheads he should check it, or he has more money then brains.

Curious...did the ad read anything like....good for a rebuild, or good core..you get the point, because it is of course none of those things.


I forgot when I first posted, but I bought a used detroit from a guy on pirate for a good price back in Oct. 07, he claimed 1000 miles. I am in college and have not had time to get the 14b under the truck yet, detroit is in though. Everything looks good and I am sure it will work fine, but I have accepted that if something is wrong I am stuck with it, I have just waited too long to test the goods. Hope that helps.

 

[1967k10]

No reciept and I didn't express any warranty.
He paid and just never showed up I kept calling him and he kept saying he didn't know when he was coming. Then one day he calls me and says he's part way to my place.

The guy with the motor "did" e-mail me stating he wanted $500obo. I have been contacting him via e-mail and the buyer via phone.

Did you or the ad make it clear motor was as is?

Did you write him a receipt for the motor?

You stated he left it for approximately two months. Was this to allow the money order to clear or did he request the delay on the pick up?



Will the guy with the replacement motor send you and email stating that?

How have you been communicating with the guy who bought your bad motor?

 

[reddog64]

besides how do you know it is cracked.... and he's not just trying to get money from you?

 

[Metrodps]

No receipt and I didn't express any warranty.
He paid and just never showed up I kept calling him and he kept saying he didn't know when he was coming. Then one day he calls me and says he's part way to my place.

The guy with the motor "did" e-mail me stating he wanted $500obo. I have been contacting him via e-mail and the buyer via phone.

OK Here is how I see it. You made no representation on the use ability of the motor. You stated to the best of your knowledge the condition of said motor. The buyer bought it sight unseen based on what you advertised and said (only you know the truth on that since we can't see ad).

The Buyer took possession of the motor and in doing so accepted it as it was. It was his responsibility to check it when before he left.

He waited beyond a reasonable time limit to contact you.

He tried to profit from the incident. (theft by deception).

Morally do you have an expectation to make it right? You said "I an not a salvage yard. I treat people I sell parts to right ." You your self said I am not a business.

I will use my self as an example I sold jekquistk5 a rust bucket but it had a trans that was rebuilt and what I believe to this day it had a rebuilt motor in it. Because I told him that if something would of happened in a week or two I would of refunded him almost all of his money.

Based on what you have disclosed in this thread I would say you owe him nothing. However a little good will goes a long way. I believe what goes around comes around. I would tell him you would give him $200 toward the block only because you didn't know and that it is a gesture of goodwill.

If he don't like it say ok well it was his responsibility to check motor before he left and your not a business.

*edit to add a word

 

[longbedder]

If a person buys used auto parts on the internet, said person has no legal right to warranty or guarantee to said parts...unless expressly stated.

Tell him to fock off.