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I don't know how strong a case you would have, but to me it seems mediocre. I would have liked to have seen much more specific representations in the ad. Something like "original paint, no frame damage" when the car has obviously been wrecked.
They say the car is NOT like new or showroom, but is in "good" mechanical shape.
They also say "Mechanically, the engine and drive train work great.
The transmission shifts smoothly through all gears
(and reverse). Clutch is tight. Runs out great."
Did the car drive ok when you got it? Words saying the engine and drive train "work great," in the context of a 24 year old car, are not very specific.
"The compression is great." That one is specific. Did you test the compression? What were the numbers?
A VERY important practical point in considering whether to file a suit is whether the winner can recover his attys fees. Randy says the seller, if he loses, will "probably" have to pay the buyer's fees, but I don't know upon what that is based. The general rule is the opposite - attys fees usually aren't recoverable unless there is a contractual agreement for it, or a specific statute that allows it. In this case, those are unknowns. But, typically, a seller's contract is NOT going to have an attorney's fee provision that would cover this situation.
If you do contact a lawyer, be sure to ask if he thinks the fees would be recoverable. It's a major consideration in coming up with a strategy.
Consulting a lawyer isn't a bad idea, but you need to have a strategy and watch your costs. One good strategy is to pay him to send a simple demand letter, that's $300 well spent. After you get a response to the letter, you try to settle it, if you can't, you regroup and see where to go next.
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