Purchased used car, next day motor went

Discussion in 'After Hours Lounge (Off Topic)' started by David Massimiano, Apr 4, 2005.

  1. David Massimiano

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    I purchased a used car on Thursday from a Used Car dealer. No warrenty, as is for $5500. Monday morning (today) the car overheated. I shut it down, let it cool, and took it to a dealer. Repairs are going to run $2,800. What are my rights??? I'm I entitled to anything legally? Please help. PS. Live in N.J.
     
  2. Raasean Asaad

    Raasean Asaad Supporting Actor

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    In most states you have 3 days after purchasing a car to return it, especially if you have mechanical trouble.
     
  3. Kirk Gunn

    Kirk Gunn Screenwriter

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  4. Craig

    Craig Second Unit

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    From the N.J. website referenced by Kirk:



    You say no warranty, did you waive the warranty or did they not offer one?
     
  5. Drew Bethel

    Drew Bethel Screenwriter

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    Call them and tell them either you return the call or you will report them to the police and speak with an attorney. I wouldn't even accept this car if they repaired it for free. That's bull crap!
     
  6. SethH

    SethH Cinematographer

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    Of course, we're all assuming that this car fits the requirements met above of less than 100,000 miles and less than 8 years old. Does it meet both of these?
     
  7. Ted Lee

    Ted Lee Lead Actor

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    another issue is whether he waived his rights.

    http://www.state.nj.us/lps/ca/brief/used.htm

    of course, this is all internet stuff. i think the first thing to do is contact the deale and see what they say. then, if necessary, contact a local attorney.

    edit - here in ca, i often see signs taped to the window of used cars. it says something like "as is..no warranty" with a big check-box next to it. i wonder how that works.
     
  8. Henry Gale

    Henry Gale Producer

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    This might be a good time to mention that it's always wise to have an independant garage inspect a used vehicle before you buy it.
     
  9. Steve Schaffer

    Steve Schaffer Producer

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    That sticker is required by law in California. About the only time you'll see the other box checked is if there's some of the original factory warranty remaining on the car which is often the case with ex-rentals or cars coming off short term leases.

    Usually dealers can sell 3rd party warrantys for cars that are out of factory warranty. Some new car dealers can sell you a warranty backed by the mfg. for whom they are a franchised dealer even if the used car is some other brand.

    I work for a Toyota dealer and with certain mileage and age restrictions they can sell a Toyota Extra Care warranty on a Mustang, for example, which is good at any Toyota dealer in the country.

    California has no 3 day grace period. Legally all sales are final per the sales contract. All dealers in our area have this plainly posted in the finance office and also make the customer sign a bi-lingual form verifying that they understand this fact. Lots of people get buyer's remorse "The Monday After" or when the first payment comes due, and more than a few lemon law claims are more about getting out from under payments than any actual problem with the car.

    Most cars come with either temperature guages or overheating warning lights and if the engine is turned off promptly when these indicate overheating there's very rarely any permanent damage.
     
  10. alan halvorson

    alan halvorson Cinematographer

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    I say let someone else look at the vehicle before accepting the $2800 repair estimate. Good thing I did that with a vehicle I used to own when I got a repair estimate of $2500 that wouldn't have fixed the actual problem. I went instead to an independent mechanic who correctly diagnosed the malfunction and fixed it for $500.
     
  11. David Massimiano

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    Thank you all for the help. The car is eight years old (1997) with only 54,000 miles. The warranty was waived in neg. a lower price. I thought I did everything right. I pulled a CarFax and everything looked good. The used car dealer had service records from the original owner and it was excellently maintained. They even brought it in every 5000 miles to rotate the tires. Here is what happened... the oil cooler seal was bad and oil mixed with the anti-freeze. The entire motor and all hoses are full with oil/anti-freeze. Needs new oil cooler, valve cover gaskets, separator, wires, and flush the motor 7-9 times with chemicals to clean all fluids out. Mechanic says they won’t know if there is any internal damage until the get the car repaired and back up to temp. I strongly feel that the used car dealer knew of this situation. They are offering to tow it to their mechanic and split the bill to fix, however I do not trust their mechanic and know it will not be repaired as required. I have asked for my money back. The used car dealer offered to sell the car again on his lot and give me the cash back once it sells. What are your thoughts?
     
  12. DaveHo

    DaveHo Supporting Actor

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    I think the dealer is being more than fair. In fact he really doesn't have to do anything since you waived the warranty. Did you have the vehicle inspected before you bought it? If you looked at the oil & coolant prior to purchasing and it looked fine, then there is no way the dealer would have known the seal was bad either. With the pressure differential between the two systems, it wouldn't take long after the seal fails for the two to mix.

    -Dave
     
  13. Drew Bethel

    Drew Bethel Screenwriter

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    You're dealing with a used car dealership here with questionable intergrity...I can see this issue dragging on for months. Splitting the bill is bullshit. Look, you purchased a car expecting it to perform...not break down the next day.

    You need to contact an attorney...not tomorrow, not after breakfast...NOW. Pay the $250 and have them draw up a letter to send to the dealer. Everyday that ticks by goes against you. I hope you're keeping a record or log of your conversation with the dealer - that includes, time, date, who you spoke with, and the conversation.

    It's either a few hundred bucks in legal fees or a few thousand. Your choice...
     
  14. David Massimiano

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    Thank you Drew. I already called a lawyer have a scheduled consultation. I will keep everyone posted as to what happens.
     
  15. Ted Lee

    Ted Lee Lead Actor

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    good info steve. it really sounds like the "as is" form is the ticket out for the dealers though. i guess if you sign, you're screwed if something goes wrong?

    ---

    it does sound like the dealer is trying to help out though...especially if you have no legal ground due to signing the form.
     
  16. Joe Szott

    Joe Szott Screenwriter

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    Unfortunately, sounds like you were taken to the cleaners. I agree with Drew, talk to an attourney now and get this resolved. The longer you wait, the harder it will be to get anything done.

    I would offer to let the dealer give you back your money sans $500 for what it costs him to fix the problem. You'll lose money, but you definitely never want to drive this car again and you can write it off as a life lesson.

    Always have an independant mechanic look at a used car for you, carfax is good but not infallable.
     
  17. Steve Schaffer

    Steve Schaffer Producer

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    It's primarily a hard and fast way of informing the customer whether or not there's a warranty on the vehicle. Keeps the sales crew honest, actually as they can't just say "anything that goes wrong just bring it back". I think you may find that most

    It also does to a certain extent protect the dealers. Just as there are many people who assume there's a 3 day cooling off period there are also many who assume there's an implied warranty on all used cars. The sticker keeps mom and dad from buying muffy a used car and bringing it back after she's trashed the tranny or hit a speed bump at 70 and destroyed the suspension.

    Of course if ya wanna be cynical it also makes the 3rd party warranty an attractive profit center for the F&I department.
     
  18. Michael Mathius

    Michael Mathius Supporting Actor

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    This also happened to me but it took 8 days before the transmission died. The car cost $900 and the repair cost $600. To this day I wish I had bought a $1500 car in the first place.[​IMG]
     
  19. Aurel Savin

    Aurel Savin Supporting Actor

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    BTW ... what kind of car was this?
     
  20. Ray Chuang

    Ray Chuang Screenwriter

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    This is good reason why if I have to buy a used car I buy it from a place like CarMax. [​IMG] At least CarMax bothers to do a 118-point safety inspection of the car before they allow it to be sold on their lot. [​IMG]
     

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