986 Forum - The Community for Porsche Boxster & Cayman Owners - View Single Post - Lessons learned: Buying a "used low mileage engine"(must read)

jbox53 · 09-28-2009, 02:38 PM

this may help someone:
"The most common type of implied warranty is the warranty of merchantability. That means that the seller promises that the product offered for sale will do what it's supposed to. An engine that will run is an example of a warranty of merchantability. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

Of course, in your case, it sounds like there was a defect at the time of the sale. Before taking your case to court, you should put your grievance to the seller IN WRITING and formulate it under the pretense that you will be seeking litigation if this last attempt at resolving it amicably is denied. If that does not work, you may take this issue to small claims court since it likely falls within the small claims court cap amount in your jurisdiction."

Read more: http://www.justanswer.com/questions/1kt25-bought-engine-car-four-months#ixzz0SRYTMUV5

09-28-2009, 02:38 PM	#9
jbox53 Registered User Join Date: Sep 2007 Location: atlanta Posts: 30	this may help someone: "The most common type of implied warranty is the warranty of merchantability. That means that the seller promises that the product offered for sale will do what it's supposed to. An engine that will run is an example of a warranty of merchantability. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case. Of course, in your case, it sounds like there was a defect at the time of the sale. Before taking your case to court, you should put your grievance to the seller IN WRITING and formulate it under the pretense that you will be seeking litigation if this last attempt at resolving it amicably is denied. If that does not work, you may take this issue to small claims court since it likely falls within the small claims court cap amount in your jurisdiction." Read more: http://www.justanswer.com/questions/1kt25-bought-engine-car-four-months#ixzz0SRYTMUV5