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I would file a small claims lawsuit. A sympathetic judge might look at your situation and rule in your favor, especially since the person who sold you the car was a "professional" and would have known about the oil light situation.
The mechanic clearly did know the low pressure oil light was not working since they are supposed to come on right before you start the engine when the key is in the "run" position. Any good mechanic would notice this. You can cross examine the defendant in small claims. The first thing you should ask him is his professional experience as a Nissan and if he considers himself competent enough to work on your type of car. Then ask him to estimate how many times he has worked on your type of car. He will of course say "yes" and "hundreds"..or something similar. Encourage the guy to boast about his knowledge on his own. He will think the more he boasts of his knowledge about your type of car, the more competent an "expert" that he wil appear before the judge. What he won't realize is he will be digging his own grave.
The mechanic will probably say the car was sold on an "as is' basis but "as is" does not apply if there is fraud involved.
After he brags about his abilities as a professional Nissan mechanic, state to the judge that with all his expertise then he must have known there was a problem otherwise he would have been fired as an incompetent Nissan mechanic years ago.
Tell the judge that the chances of the low pressure oil light failing the same exact day he sold the car to you are infintesimally small.
At this point you have nailed him. It will smell of fraud to the judge.
There are two points that you must make clear to the judge.
1. He is a professional that knows when the oil pressure light has failed.
2. There is a virtually zero percent chance the oil pressure light failed on the same day you purchased the car.
Had anyone other than a professional Nissan mechanic sold you the car then you would not have much of a case as anyone else could claim lack of knowledge about oil lights. Work his expertise against him...then nail him.
Before going to court, you must hire a professional independent mechanic to fill out a written report as to what happened to the engine. You better confirm that the low oil pressure light really does not come on, otherwise it really is your fault and the independent mechanic will note this is his report.
Some time and the cost of the report is all you have to lose. Make sure you also file a claim for any provable monetary losses you had including, towing, loss of wages and the cost of the mechanics report. You will need to prove these losses on paper. There is no pain or suffering in small claims or nuisance type claims.
You're not out a car just yet. You still have a fighting chance. Don't put off filing the suit, there is a statute of limitations.
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Last edited by David M; 07-16-2005 at 01:47 PM.
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