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Old 09-22-2009, 08:46 AM   #7
JFP in PA
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Join Date: Feb 2005
Location: It's a kind of magic.....
Posts: 6,558
Quote:
Originally Posted by Kirk
That is a good question. I'm not really sure about the seller's legal rights. However, they are the ones who are suffering a loss here. The failed engine has decreased their sale price significantly. The buyer has no loss, they're getting the car pretty cheap. So I think it would stand to reason that the seller would be the one to benefit from any future settlement so as to set things right.

Kirk
Unfortunately, legally that is not going to happen as the seller sold the car with a “clear” title, not an encumbered one; any future settlement transferred to the buyer, so the seller is out in any future settlement. And, in any case, you would have to be nuts to buy a car with an encumbered title…………..
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