Bought car from individual radiator blew up same day previous owner claims it is my fault fof letting car idle and we are stuck with it?

Answer 1

If the cooling system was functioning as it should letting the car idle would not normally cause it to overheat. Although if the temperature was extremely hot and you also had the A/C running, it is not unheard of for an older car to overheat if left idling for an extended period of time. The cooling system simply could not remove the heat fast enough. Saying all this it really does not matter, if you bought the car "AS IS". In other words with no written or verbal warranty. AS IS, means exactly that. You bought the car in the condition it is in. If however he told you the car was in excellent condition, either written or verbally, and you have proof of this, you may be able to recoup the cost of repairing the vehicle, if you can prove that there was something wrong with the vehicle when you bought it, and the seller knew this and hid it from you. Take the car to a trusted mechanic and have them see what caused it to overheat. Have them put in writing exactly why it overheated. Also have your mechanic give his opinion on if letting a car idle would normally cause it to overheat. If you find there was a defect with the car when you bought it, not something that could happen suddenly as in a thermostat sticking closed, or the water pump failing, tell the seller you expect him to reimburse you for the repairs. Here is where you need to use you brain instead of your emotions. Talk to him in a civil manner and do not threaten him with legal action, even though that may very well be what you end up doing. If he offers to pay 50% of the repair, I would accept his offer, as this is fair. You can however take him to small claims court where in the vast majority of these type cases you would loose. It all depends on what caused the car to overheat, and if the seller could have know this was going to happen when he sold you the car. If you can prove that in court you may win. But that is very hard to prove, so remember that when talking to the seller. He is at an advantage in most cases, especially if you bought the car, AS IS.