I have been in need of a car for some time now. Money has been really tight and I haven’t been able to save much at all. I’ve been looking for a car I can afford for about 5 months now.
I found one, it was being sold by a used car dealer. I test drove it, checked what I could, it wasn’t perfect, it had little problems, but nothing big as far as I could tell. He was having a clearance sale and I bought the car for $300.00. It was all I had.
I drove it home from the dealership, about 50 miles from my home and it seemed fine. All I did was park it and I didn’t drive it again that night. The next day, I took it to the store. It began acting really funny. It was making strange noises, it wouldn’t shift gears, wouldn’t accelerate, smoked really bad and nearly stopped in the middle of the road.
I managed to get it to my mechanic. The car had a blown head gasket, bad transmission, oil all over the engine and a ton of other problems. I asked the mechanic if all this just happened or if the dealers mechanics could have know about this, they did install a new radiator. My mechanic said yes, they probably did see it.
I called the dealer and he says we’re out of luck, they won’t take it back, they won’t give me any kind of refund. I bought the car as is.
Now, I know that I bought the car “As Is”, but was it leagally wrong for the dealer to tell me nothing was wrong with the car ? Is there any way I can do something about it ? It just seems so wrong.
Never buy a car from a used car dealer without first getting it checked over by a reputable mechanic. In Britain you can get this done by the AA (it’s free if you are financing the car purchase through them, other wise it costs about £50) Better to spend a small amount, rather than finding out oo late you’ve wasted whatever you spent on the car. If you’re really lucky you will have a friend who is knowledgable enough about cars to perform this service for you.
Hope I wasn’t sounding too preachy, and good luck in resolving your issues with the dodgy dealer.
Go to your state’s web site, and look for the consumer protection office (or equivalent). Many states have some sort of “lemon law” that covers what dealers can and cannot say when they’re selling. Given the price of the car, and that it was sold “as is”, I suspect you’re SOL; however, if the dealer said it was in “working condition”, then you might have a case.
I don’t think you have any recourse. Selling the car as-is means he takes no responsibility for its condition - it’s up to you to determine whether it’s worth buying or not.
Did you ask the dealer if it was in working order? If he told you it didn’t have any major problems, and you can prove that he knew it did, you might have a leg to stand on. Otherwise, I think you’re out of luck.
I don’t think you have much of a legal leg to stand on. However, you do have a negotiating leg to stand on if you are willing and able to cost him way more than $300 by chasing away potential customers. Picketing a car dealer with a sign that says “Joe Schmoe’s dealership sold me a car that blew up after 50 miles, then told me ‘tough luck’” may very well discourage customers from buying there.
Call them in advance, tell them you intend to picket them every Saturday until they give you the $300 back.
Wrong, wrong, wrong. Buying as-is means accepting all DISCLOSED defects. From your description, the dealer specified some defects and deliberately and maliciously concealed others. Raise holy hell; the law is on your side.
I’d talk to a lawyer about that plan first. Picketing the lot is fine. Telling them that it’s because you are unhappy with them for cheating you is probably fine. But telling them that you’re going to do so unless they give you $300 might be construed as blackmail.
IANAL.
I agree with Nametag, by the way. If the dealer lied to you or misrepresented the state of the car, you probably can take action.
Assuming you bought the car here in the states, there was a form posted on the window that had two boxes, they are marked:
AS IS
Warrenty.
Pull your copy (it came with the paperwork that you got with the car) and read the fine print under AS IS.
The answer will depend somewhat upon where you live. In the state of Georgia, for instance, you have no recourse on any verbal agreement that the dealer broke. They can lie all day long and get away with it - it’s perfectly legal. The only way you can hold a car dealer to any promise is a written contract. Always get everything in writing! There is no way a dealer would give you a written promise of reliability on a $300 used car, so best optioni #2 is what One and Only Wanderers suggested - have the car checked out by a trusted mechanic before you buy.
I’m sorry, dragongirl, but where I live you would be out that $300. I know it hurts, I’ve been in that position myself. Even though it doesn’t seem so now, a $300 life lesson is relatively cheap. Mine cost $800 that I didn’t have to lose. I eventually recovered, and so will you. You’re in my thoughts and prayers.
I was once in a very similar situation (paid $600 for a lemon). I complained so loud and so relentlessly that the dealer gave me another (and worse) car just to shut me up.