So basically like I stated, I had only purchased a used SUV from a private seller last week and paid cash for it. My boyfriend knew that it would need a few minor repairs, but mostly appearance wise. The seller told us he had installed a new head gasket, muffler, and air intake (i think thats what its called), himself. But now a week later, it broke down on us and the auto shop says its because coolant is leaking out due to the faulty head gasket. Is there any thing I can do and am I legally protected by the lemon law?
2007-03-15 17:08:43 · 11 answers · asked by Anonymous in Cars & Transportation ➔ Maintenance & Repairs
First of all people here (at Y!A) use the term "Lemon Law" loosely.
The Lemon Law actually only applies to a BRAND NEW vehicle. It is an agreement between the FIRST owner & the MANUFACTURER of said vehicle. NOT the 'dealer' or 'seller' .
http://www.lemonlawamerica.com/
Buying from a private seller was your 1st mistake, & listening to your b/f was the 2nd.
When you buy from a private party, it is sold "as is, as shown",
Buying from a dealer, especially a NEW car dealer, you may have some recourse & rights.
Having ANY used car checked out by a QUALIFIED mechanic/technition (obviously your b/f is not) is only smart.
You shoulda paid a few bucks to a qualified tech. to save yourself hundreds.
Sorry!
2007-03-16 05:09:03 · answer #1 · answered by Vicky 7 · 1⤊ 0⤋
First, study your local laws before doing anything.
Some states protect the consumer against fraudulent sellers.
Ask him for recepits of the parts he used to quote fix the car.
If he cannot provide them, have the mechanic fixing the car keep the parts, the head gasket is a good indicator as to if it was worked on.....stock units are made differently than the Felpro autoparts house gaskets...
From now on.....do what you can to pull the dipstick out and look at the oil. If it looks milky, walk away. If it looks almost clear like new fresh oil...then you should keep looking at other things...coolant ect...
You may be able to take him to small claims based on
false advertisement and get some restitution.
2007-03-15 20:57:13 · answer #2 · answered by tito_swave 4 · 0⤊ 0⤋
If the seller claimed he installed a new head gasket and the mechanic says the gasket is old, you may have a case against the seller for fraud. Otherwise, like others have said you don't have much recourse as used car sales are generally "as is".
2007-03-15 17:17:32 · answer #3 · answered by Anand T 2 · 0⤊ 0⤋
There is nothing you can do.. The lemon law only applies to dealers, not private parties.
private party sales are as-is sales. You can sue in small claims court, but to win you will need to prove that the seller was dishonest and lied to you about installing new head gaskets, mufflers, etc. If he didn't misrepresent anything, then there is nothing you can do about it.
2007-03-15 17:14:37 · answer #4 · answered by ........ 5 · 1⤊ 0⤋
Unless the seller put in writing that he installed new parts you are probably out of luck.
Used vehicles from private parties are sold "AS IS".
So the lemon law won't apply.
Sorry.
Good luck with this.
2007-03-15 21:00:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Looks like the seller dude was a dud when it comes to mechanicking. Faulty head gasket / -improperly installed would be more like it. Probably didn't use a torque wrench. Bummer.
2007-03-15 17:19:14 · answer #6 · answered by ButwhatdoIno? 6 · 0⤊ 0⤋
well if he knows what hes doing as a mechanic then maybe you should ask him if he would be willing to redo it for a hundred bucks or maybe a case of beer or something. if he has any decency, he should feel bad because he did a sh*t*y job in the first place on the repair. at least try that before you talk about court and suing because personally i would let you go to court (and he'll prob win) out of spite.
2007-03-15 19:12:54 · answer #7 · answered by Anonymous · 1⤊ 0⤋
You can sue the seller in small claims. It is surprisingly easy and cheap to sue someone in small claims court. Gather all the evidence you can... try calling the seller and recording the conversation
2007-03-15 17:14:05 · answer #8 · answered by Shakespeare, William 4 · 0⤊ 0⤋
if you bought the car "as is" from a private seller, then you are SOL. the lemon law only applies to dealers.
2007-03-15 17:22:24 · answer #9 · answered by waterlily750 4 · 1⤊ 0⤋
I don't know where you live as far as law goes. Sounds to me like your SOL. Maybe you should stop listening to your b/f. He's obiviously not as smart as he wants you to think he is. I hope he has a big ***k.
2007-03-15 17:19:07 · answer #10 · answered by grease junkie 3 · 0⤊ 0⤋