it's going to be hard to prove that they over-filled on the oil.

you should probably try to prove that oil overfill caused the problem and link the overfill to them doing the last oil change and testifying that they claimed to have used 7 quarts and then 6 quarts, but nevertheless exceeded the manufacturer's recommended amount of oil to use.

 

If I recall correctly, msot states have a few days where you're allowed to return a car, even IF you buy it "as is" check into that USMC. Good luck. IIRC, hawaii it was about 3 days or so.

 

seven quarts could lead to issues, six quarts is questionable, but wasn't the car way low on oil ?.

Did you ever check the oil level when the car was in your possession ?. It would be the first thing I would have checked when bringing the car home, but I understand that not everyone might do that. I'd suspect the car would be damaged faster by low oil than oil overfill, but it all depends on the exact situation.

I'm sorry but these guys are trying to screw you over majorly. If you popped the motor on an over-rev. they would have the pcm data to nail you to the wall, but when you ask them for the data they give you some lame story. The oil is gone, the pcm has no info, yet they want to blame you for an over-rev or similar situation. When an engine blows all at once, you get a CEL, the CEL has data associated with it on engine conditions. They won't give you any information that would defend your position. This engine was doomed to fail as soon as you took it off the lot, they know it. "As-is" sale of the vehicle tells the entire story, whether you want to believe it or not, and it has some legal ramifications for you.

Not spending money on a lawyer will hurt you in this situation.

 

how much can u exactly over fill n be ok? ?

 

My sugesstion is get the local newspaper involved and any local TV station

With all the industry recalls out there the last thing a stealership wants is bad press

Most TV stations have a "consumer reporter";get as much print info to that person and let them go to the dealership with a camera crew



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In the future if a car is sold "as is" I would take a Kelly BB with me look at the lowest price and and negoticate from the stand point of deducting the replacement cost of the most expensive item ....in this case an engine rebuild

If they don't budge ......walk

 

I think this is your only hope. "as is" is as is!!

 

as is, does not mean you can sell junk to anyone, if i sell you a car and tell you that there is nothing wrong with the car, but i know that the engine is about to blow, THAT'S CALLED FRAUD, and that voids any prior disclaimers, in which case "as is" will not stand up in court as a binding agreement.

 

Right . You can't sell cubic zirconia represented as a diamond "as is" and fall back on the "as is" part.

The issue is not the lack of any warranty, it is the fact that they represented the car (both verbally and through a 150 pt inspection) as being in good mechanical condtion, when it very well may have been on the brink of complete failure.

 

On an '07 the actual dashboard stores some history of what the car was going through.

J

 

Without anything in writing this means nothing

If you have a paper statement in your hand on their letterhead stating 7 quarts of oil were used in the car then you have something.

Without that you have nothing but hearsay - which won't get you anything