If they misrepresented the truck to you, you relied on their misrepresentations, and you were damaged as a result, you have a valid suit for fraud.
You also have breach of expressed warranty if they told you that the truck was leak free and it leaked.
You may have additional implied warranties (such as an implied warranty of merchantibility) depending on your state law.
If I were you I'd sue them to fix the truck or buy it back. But then again, I'm a lawyer...
Dear Mr. Lawyer,
After being asked SEVERAL times if the truck had come with a warranty or not the OP has yet to respond to this issue so it is assumed that the answer is no,
there was no warranty.
Additionally, I believe the OP stated that the oil leak started AFTER the vehicle was initially delivered. Meaning that at the time of delivery the truck was in fact, NOT leaking. There is a difference between saying, The truck
is not leaking oil" and, "The tuck
will never leak oil".
The OP has parts that were sent to him along with an invoice for payment. You, a member of the legal system are advising him not to pay the invoice and to keep the parts? Is that not basically theft? Does not sound like good legal advise to me. I think even Judge Judy would have a problem with that.
It seems that your in such a hurry to file suit and blame everybody other than the OP for his own lack of due diligence that your ready to sue without even being fully aware of the facts of the case. Thanks to people like you real legitimate cases take forever to to be processed. Thanks to people like you everybody wants to sue somebody rather than take personal responsibility for their own actions or lack thereof.
Lastly, it seems to me that before I sent somebody or some company
$21,000.00 for a
40 year old truck I would invest
$300.00 in an airplane ticket to go look at it. Again... back to taking personal responsibility.
Lawyers... 90% of whats wrong with this country today.