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Did the seller have a "running condition" warranty in the for sale ad?
If there was no "running condition" warranty, and the seller only stated something along the lines of "was running when vehicle was totaled/scraped/salvaged, that would be considered "puffing" from a legal standpoint.
The bottom line here, If you expect a running engine, get it in writing/under warranty. If it's a short term warranty (30 day in this case), purchase motor when the vehicle is ready for the install, or purchase and have seller "hold" until contacted to ship (this "stop" the warranty clock until purchaser is ready to verify condition).
ANY respectable person selling a motor with water in it (undisclosed in sale ad) would take it back and refund. Too many shady people selling garbage automotive parts online.
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'03 X5 4.4 Sport, last of the M62s (8-03 build date)
I believe in deadication to craftmanship in a world of mediocrity!
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