Can we win this case?

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sonnyboyrocks

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My jurisdiction is: Mass

We bought a snowmobile off of Craigs list in June 2008. When we went to the guys house to look at it , it was in great physical shape. he said his kids rode it over the winter and he noticed that it chugged abit so he replaced 2 of the 3 "needle and seats" and told my husband how to change the third, he made it sound like a easy inexpensive fix. we believed that the machine was still useable but would just run better if we took care of this simple fix. it started right up so we were satisfied. He was asking $800 so we offered him $700 which was accepted. he told us that the engine needed to be cooled by the snow so we would have to wait before doing the repairs. in september when the cooler weather came my husband tried to start it...it would not start. we took it to a Ski-doo dealer/repair shop and they told us that it had low compression in one of the cylinders and it would be at least $800 to fix. there could be more wrong with it , he stopped looking at it after he discovered that. so of course we asked the guy we bought it from for our money back. He has offered to fix it himself but we don't trust him. he told us that we knew the machine needed work and we are not getting our money back. He is a mechanic and other mechanics have told us that he had to have known about the compression. I guess it is an easy test. so we think he misrepresented the condition of the machine. if we take him to small claims what are our chances of winning?
 
Your chances of winning are not good. You will have to prove he knew about the defect. The guy did tell you of some previous issues and you bought it anyways.
 
You were told that there were issues and you have not indicated in the posting that you requested if you could have an independent source do an inspection before purchasing the item. The judge will bring that up and you will have to give him a good explanation as of why you didn't do that. However, you don't say (per your posting) that the sale was "AS-IS" and that can open a door for you. Make your case in small claims as that of the buyer not disclosing all the mechanical problems with the item. You probably will have to compromise on the amount if the judge throws back at you the lack of an independent inspection.
 
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