Used Cars: 2001 Saturn, enola pa, hardware store

Question
I replied to a craigslist ad in-reference to a used car for sale in Enola Pa. I contacted the seller by email on Monday, April 29, 2013 at 11:01 PM stating that I would like to take a look at the car for my daughter. The seller contacted me back, April 29, 2013 at 11:13 PM stating for me to contact “Tom” after 1PM to make arrangements to see the car. I contacted Tom the next day. I spoke to tom on Tuesday to set up a time to look at the car; he stated that he was pretty busy at the hardware store where he works. Tom and I spoke a few times over the phone; he stated the best time for me to take a look at the car would be on Thursday after 7:30 PM. I went the hardware store on Thursday to look at the car, and take it on a short test drive. The seller and I took the car out for a short drive at around 7:50 PM. I did not notice any smoke coming from the car at the time of the test drive. I asked the seller and “Tom” if there was anything to disclose about the car that was not in the ad, she stated the air-condition needed a charge. The original price from the ad was $1995. I offered the seller $1800.00 for the car stated to her that my daughter was in college in Florida and would need the AC working. She agreed to $1800, I returned on Friday May 3, to purchase the car. The seller and I went to have the title changed. After leaving title place the seller told me to make sure my daughter checks the oil. I asked the seller if she would follow me to my home to drop off the car and that I would give her ride back to the hardware store, the seller agreed. The seller followed me to my home as we were driving I notice at each stop when she took off the car had smoke coming from the rear. Once we got to my home, I told the seller that she did not disclose that the car smokes or burns oil. I then requested my money back because she and Tom did not disclose the car smokes and burns oil. I also stated that the car was not reliable and that I did not want to put my daughter in car that not reliable.

My question is if I take the seller to small claims court, will there be any chance I'll get my money back.  

Thanks,

Milt

Answer
Hello and thanks for your question. I dont think your chances are very good at getting a refund. Here in the state of Michigan you would not have a case against the seller since all used vehicles are sold "as is".  You may have a hard time "proving" that the seller did something illegal, unethical yes but not illegal. I made a call and it looks like PA also has an "AS IS" policy. That would mean that you bought the car in its current condition regardless of what was verbally stated.   You should check with your state regarding used vehicle purchasing laws however I don't think you will win in court.
Sorry, I wish i had better news for you.   Good Luck and take care, Shane