[tcrist]

The real question is "can he afford NOT to fight".

IMO, you can only state that the car has to be in the same state that it was in when you inspected it the first time, if in fact you did.

If you did not get a chance to inspect it then you give up the right so say what kind of shape it was/is in. Did the info on the bankruptcy proceeding state what shape the car was in and even if it ran? That is where buying sight unseen becomes an issue. You can only go by the pictures.

When you bid on it you knew that it was still in the owner’s possession so you should have known that it could be driven and damaged in some way.

You should be able to get a lawyers advice for almost nothing. There are some out there that will talk to you for 30 min or so at no or minimal cost. That is what you should do.

Edit:
Reviewing some of your reasons for NOW not wanting to buy the car leads me to believe that you are just having buyers remorse & regretting that you bid in the car in the first place and you are trying to find anyway not to have to buy it.
If I am wrong in that statement I appoligise up front.