Bought a lemon what to do next

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woolshed3, Nov 3, 11:47am
just chucking this out there, as not sure what we can do about our little issue. we bought a car through someone here on trademe. took for a test drive, all seem fine and ok. so we bought in good faith . well hello, the son goes to drive it home after work late at night, ( same day) and was sent a message to say the car sent of huge amounts of smoke ( white) . we've been told this could be anything from a 'lazy' tappet to the rings shot. I emailed the seller. and got told. "to be honest I'm forgot t mention this' what? ,.,,,,,, please anyone where do I go from here? thank you

msigg, Nov 3, 11:54am
Sounds like blown head gasket or cracked head. did you do a due diligent check?, did you run it out of water, Might just be condensation in exhaust system, best to get it checked out by a mechanic first to see what it could be. Then only options are talk to previous owner about some money back , or small claims court , or shit out of luck, alot depends on the out come from the mechanic and the trade me add. First must find whats going on with the engine.

tony9, Nov 3, 11:55am
1 - Was it a dealer or a person selling a single vehicle that they had owned for a while?

2 - Have you asked the seller to help?

3 - what is the vehicle, how many Kms, what age?

woolshed3, Nov 3, 12:03pm
yep, shit out of luck would be more like it . it's going into a mechanic on Wednesday, will be emailing the seller again and asking to pay for at least half, if no joy then it will be small claims . maybe. it's toyota carina 1993. 293,387km. also been told by the previous owner that it blows the smoke when first starts in the morning then has gone once the motor warms up. I'm a mechanics daughter from old. if I'd been told this at the time, no way in hell would I have bought the car! thank you for your help msigg and tony9 . much appreciated

woodypc, Nov 3, 12:13pm
Don't we read all the time how people do not get checks done and then complain when problems occur?

tgray, Nov 3, 12:18pm
So you bought a 22 year old car privately, that has travelled close to 3 times around the clock, didn't get it checked mechanically first, and because you noticed a problem with it on the same day you bought it, you are taking the previous owner to small claims?
Have I got this right?
He didn't misrepresent it by saying it didn't blow smoke when cold, so I can't possibly see how you could prevail in court.
You are taking it to the mechanic on Wednesday? You should have taken it to the mechanic before you bought it!
May I ask how much you paid for it?

woolshed3, Nov 3, 12:18pm
well aren't you lucky to have another idiot like me, for you to sit there all high and mighty. I wasn't aware I was 'complaining' but asking for help in where to go from here.

woolshed3, Nov 3, 12:20pm
tgray. no not quite right. . however I will now move on. the first two traders are more helpful than those that love to sit back and shake their heads. thank you anyway

tony9, Nov 3, 12:22pm
I take it that it only blows the white smoke when cold?

If so, would not be unusual for a diesel of that age and Kms. Should not be an immediate issue, likely injectors need servicing, or compression is down due to worn rings and/or bore.

If it is petrol it does sound like a cracked head or block if it comes right when warmed a bit.

Either way it is what a reasonable person would expect with that age of vehicle.

kazbanz, Nov 3, 12:23pm
Woolshed-By YOUR description of the vehicle Im guessing you paid $1500 ish for a car with Rego/WOF.
A 22 year old 1500cc Toyota with 300k on the clock. Most likely not a lot of oil servicing I'd almost expect a bit of smoke on cold startup.
Equally if it is what I suspect its annoying rather than alarming.
Im thinking the valve guide seals have gone hard MAYBEE the oil rings are a bit worn.
I suspect to be honest if you tried small claims the questions asked would be. 1)what did the PP inspection show and 2) What do you reasonably expect from a 22 year old car with 300k on the clock.

woolshed3, Nov 3, 12:24pm
thank you tony9. my first thought too. all good. I will now move on and do what I have to. just needed to hear another opinion :)

woolshed3, Nov 3, 12:26pm
fair enough comment kazbanz . and nicely put. really cannot see me or anyone else taking to small claim. some people in this house don't listen to all the cautions thrown at them at the time of purchase. ie- classed as nagging. thank you for your input.

hutchk, Nov 3, 12:28pm
If you have an email from the seller stating ' "to be honest I'm forgot t mention this" (sic) you may well have a remedy under the Contractual Remedies Act - this offers some recourse if you can prove the seller willingly misrepresented the condition of the vehicle (this includes by omission). I would start by pointing this out to the seller and proposing a solution before proceeding to the DT - make it very clear that you will be lodging a claim unless an agreement is reached.

woolshed3, Nov 3, 12:31pm
ok, thank you hutchk. I will keep the email and progress from Wednesday. it was also stated that all service records were kept, which I have asked for and still waiting for.

seadubya, Nov 3, 12:49pm
Did it say "aiwi" or "as is where is" anywhere on the ad?
Isn't white smoke common for the age and mileage?

elect70, Nov 3, 12:50pm
At that milage be surprised if the engine isnt well past it & in need of recond . Better to ask for refund & take it back , not worth spending $$ on .

tintop, Nov 3, 12:52pm
Nicely put woolshed3 :)

fordcrzy, Nov 3, 12:55pm
Thicker oil. sounds like valve guide seals

woolshed3, Nov 3, 12:59pm
thanks tintop :P and yes, fordcrzy. we're onto that with the oil change done the other day. yes. ok thanks all. lets hope 'he indoors' here might of learnt his lesson. onwards and forwards. much appreciated

kazbanz, Nov 3, 1:06pm
woolsjhed --Ill rephrase my comment for the person that ignored your advice :-) ( it sounds like YOU advised a PP inspection.)
The Horse has now bolted. The time for inspections was BEFORE parting with any money.
I genuinely feel that the expectations a reasonable person would have of a 23 year old car with 300km on the clock would be extremely low.
That is the view a court would take on the matter so I doubt expecting money from the old owner is a realistic expectation.
The good news is though that its very unlikely that the smoke is anything else but old age catching up with the car.
That means its most likely going to carry on being a reliable car for a few years more.
A change of oil and possibly a different viscocity oil coupled with a general service may very well reduce the smoke to not much at all.

bumfacingdown, Nov 3, 1:22pm
Not as much as the 90k car you let drive away with out insisting he got a PPI

tony9, Nov 3, 1:34pm
Depends.

In a petrol engine, white smoke means water vapour or coolant in exhaust. Blue smoke would be oil via valves or rings. However as the "white" smoke was seen at night, it could have been blue oil smoke.

In a diesel white smoke means unburnt diesel vapour.

tgray, Nov 3, 1:51pm
$95,000 actually.
In fact, the one before that for $110,000 and $99,000 didn't either.
Besides, I wouldn't let a 22 year old kid from the AA anywhere near them with their generic diagnostic testing equipment anyway.

mainlander05, Nov 3, 3:44pm
Valve stem seals get hard and then allows oil to seep down over a long park time.
At 293 k are you seriously thinking that a second or how many hands later car would have a warranty period.
You got what you paid for for.
Save up for a later model car.
People like you who complain about things like this must be brain dead.
Honestly.

tintop, Nov 3, 3:57pm
Read #1
And #7

She is not complaining, she is asking for help - not recriminations.