The car was advertised on the internet as being in excellent mechanical condition so we're suing for fraud under the Landham act. Would appreciate any tips/suggestions from any of you who have had a similar experience.

thanks!

Problem with that is he overpaid by several hundered dollars to begin with even if it were nice, at least according to the pricing guide I saw.

I agree it's a tough call in court. If the thing starts 8 times out of 10, rolls down the road when you put it in gear, and stops when you step on the brake, that could very well be enough to claim "excellent mechanical condition". Sounded like the complaint was mostly about rust.

The thing I'd check into if I were you going through small claims court is what happens IF you win and he still doesn't pay. I assume you already asked for your money back and he told you to go pound sand. Maybe he'll say the exact same thing even if presented with a piece of paper that says he owes you. Don't know. Something to check before spending court costs and emotional energy on it.

I think bill h has the best plan. Drive it till he can sell it or untill it drops. He may still get $1900 worth of use out of it anyway, plus a relatively cheep education on trusting strangers selling stuff.