Posted: 5/24/2016 12:45:59 AM EDT
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I bought a 2001 Jeep cherokee with cash for $5,500 ($6,000 after taxes etc) that had been undercoated. I knew it was covering some rust obviously but couldn't get completely under it to see everything. I know, I didn't inspect it enough... anyway........ Here is this list of issues: 1) The day after bringing it home the check engine light came on for a large EVAP leak, after looking under the car, the EVAP lines were completely rusted out (in 3 pieces), I've attempted a few fixes to resolve the problem and each step requires resetting the ECU, and the next day the light is back on. I believe that it is pretty clear they were clearing the codes each day. That is not really something that could happen overnight. They never told me there was any issue with anything pertaining to the EVAP system or emissions at all. 2) While I was looking into the EVAP issues I noticed a bit of rust on the floor pans and other areas. This didn't bother me much since its pretty common on these vehicles. The dealer had told my friend and myself that they had applied undercoating "as they do with all their jeeps". As I was looking into how much rust there actually was I was peeling some off the frame rails and other areas. When I went to pull a flake of undercoating and rust off one section of frame rail, it turned out to be foil tape. After removing the foil tape, there was a flimsy piece of metal held to the frame rail by two tiny screws and "patching" a 6-8 hole in the frame. Again, I was told of no such "patching" or presence of a rather large hole in the frame rail. 3) I purchased the vehicle on 4-18-16 as of today, 5-23-16, I have yet to receive the title for the vehicle. I'm hoping there is some sort of action that could be taken that would relieve this headache of a purchase. I've reached out to 4 or 5 lawyers so far and only one has returned any communications. Any help would be much appreciated! |
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As far as I know most used vehicles are sold "As is" with no warranty. It's not always possible to have a mechanic inspect a used vehicle before purchase but it is recommended. Each state has their own vehicle laws when it comes to used vehicles. As Hoppy stated, most vehicles are sold "As Is." I was in the car business in Nevada for many years (new and used) and unless specifically stated on the vehicle's window as to whether or not a warranty is offered by the dealer, you are on your own if it is checked "As Is." Always have a mechanic check a used vehicle unless it is a "Certified Vehicle" from a reputable dealer. I'm sorry to hear that you are having problems with your (new to you) vehicle, OP. I wish you luck. |
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Quoted: Each state has their own vehicle laws when it comes to used vehicles. As Hoppy stated, most vehicles are sold "As Is." I was in the car business in Nevada for many years (new and used) and unless specifically stated on the vehicle's window as to whether or not a warranty is offered by the dealer, you are on your own if it is checked "As Is." Always have a mechanic check a used vehicle unless it is a "Certified Vehicle" from a reputable dealer. I'm sorry to hear that you are having problems with your (new to you) vehicle, OP. I wish you luck. Quoted: Quoted: As far as I know most used vehicles are sold "As is" with no warranty. It's not always possible to have a mechanic inspect a used vehicle before purchase but it is recommended. Each state has their own vehicle laws when it comes to used vehicles. As Hoppy stated, most vehicles are sold "As Is." I was in the car business in Nevada for many years (new and used) and unless specifically stated on the vehicle's window as to whether or not a warranty is offered by the dealer, you are on your own if it is checked "As Is." Always have a mechanic check a used vehicle unless it is a "Certified Vehicle" from a reputable dealer. I'm sorry to hear that you are having problems with your (new to you) vehicle, OP. I wish you luck. Is that incorrect? |
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I know in my state there is a fairly good Consumer Protection division within the attorney general's office. The advantage is that it's free. The cost of running a legal office requires lawyers to charge a fairly high hourly rate to cover the costs of insurance, office staff and rent. To file suit on a $6000 claim is hard to justify. These things are rarely clear or easy. You're not going to be happy paying anything, since anything less than full restitution is a loss to you. Unless the lawyer needs to up his pro bono hours, he's not going to be happy receiving nothing for what could be a day's work. There are often pro bono clinics for consumers at law schools. These kids act under a supervising attorney, and they have all the time in the world to harass their opponents. So you could call your local law schools and ask if they have such a program.
I would start with "free" first. It does sound like you got ripped. You would most likely need a mechanic who would document the condition of the vehicle, and be able to testify how the seller's misconduct deprived you of the benefit of the bargain, i.e. how much it is truly worth compared to what it would have been worth with a normal amount of wear, tear and rust. |
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The majority of used auto sales are "buyer beware". However some states have very good consumer protection laws that may give you some recourse.
Another posted covered the law clinics at most law schools, which may be worth checking out. Hiring an attorney in this case would likely cost you more than you would recover. |
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While researching I was reading where failing to disclose any information that would negatively impact a buyers decision (especially when it won't pass state inspection) was considered fraud. Is that incorrect? Quoted:
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As far as I know most used vehicles are sold "As is" with no warranty. It's not always possible to have a mechanic inspect a used vehicle before purchase but it is recommended. Each state has their own vehicle laws when it comes to used vehicles. As Hoppy stated, most vehicles are sold "As Is." I was in the car business in Nevada for many years (new and used) and unless specifically stated on the vehicle's window as to whether or not a warranty is offered by the dealer, you are on your own if it is checked "As Is." Always have a mechanic check a used vehicle unless it is a "Certified Vehicle" from a reputable dealer. I'm sorry to hear that you are having problems with your (new to you) vehicle, OP. I wish you luck. Is that incorrect? We don't have State Inspection in Nevada. All we have is a Smog Test for vehicles over a certain year and used car dealers have to guarantee a Smog Certificate for the vehicle at the time of sale. If a dealer sells a used vehicle "AS IS" that is just what it is AS IS (as long as it will pass Smog). That's just the way it is with used vehicles, Bro. At least in my state. |
| You might want to look into the title issue. You may be able to cancel the sale and be entitled to your money back if they can't deliver title within a certain time period. I bought a Mustang from a dealer once. Transmission noise developed within a couple days and the transmission completely blew up within about 3 days. Turned out they didn't have title to the car at the time of the sale and I was able to return it to them. That was VA, and you're in TX, but it might be worth looking into if they still haven't delivered the title to you. |