Used Cars: I bought a LEMON!, mileage vehicle, small claims court


Question
I know most states have lemon protection laws, for new cars.  I just bought a 1988 Chevy Silverado.  I paid 1900 for it.  Now for an '88, I wasn't expecting much.  I needed a work truck, something I can haul my tool box around in and something that is going to be a daily driver.  Before buying the truck, the seller and I agreed on the fact that a high mileage vehicle (168,000) would consume a little oil, and the exhaust would smoke a little, which it did.  The deal was made, and I drove the truck home.  After driving the truck to and from work for one day, which is no more that 10 miles, the thing is smoking like crazy, and I mean undriveable.  I contacted the seller and explained to him what was happening.  I tried to return the truck and even offered him to keep $200 for his troubles.  I was told "Too bad, the deal was made.  You drove the truck and said you wanted it so now it's yours."  I made it clear to him that during our verbal agreement the vehicle did not smoke like this and was perfectly driveable.  I still got the same response from the seller.  What can I do?  Is it worth hiring an attorney?

Answer
Well.. you could try to take him to court.. but there is a good change it may cost you more in fee's than the truck did.. used car sales are as-is... and the only time you really have a case is if you can prove the previous owner knew something was wrong and didn't mention it... you could try small claims court.. but it is a slow process.. you may be better off finding what it would cost to fix. Other than taking the guy to court (probably not worth it) there isn't anything you can do... Perhaps small claims - no attorney - would serve you better... you can try, but winning a case in small claims is usually all about who can lie the best. so be careful... Same thing happened to me when I bought my mustang... guy knew the differential was busted... should have known when he made sure the test-drive was short.. on the way home after about 15 minutes (longer than any test-drive) - click pop bang - differential was a ghetto-rigged piece of crap.. can't do much about it really.. there are some worthless people in this world...