Can i sue an used car auto dealer?

Question

I bought a used 1991 acura"as is" 3 month ago.My husband (who is not a mechanic and doesn't know about cars that well)took it for a test drive and everything was fine....We drove it for about two month when things started to go for the worst:The belts and the brakes need to be changed,we got new tires for the car ect...
The mechanic we took the car to told us this car has numerous problems now.
I am very disapointed and upset since this is my first car and was expecting this car to last me for at least one or two years untill i get another job.The dealer of couse,told us the car was great,had no problems,ect....
Is there anything i can do legally? Can i take the dealer to small court claims?

Answer 1

"AS-IS" means no written or expressed warranty. It is your responsibility to have the car ok'd before you pick it up. You have no recourse.

Answer 2

(1) Most states have "lemon laws" that affect the condition that cars must be sold in, or require specific disclosures about a car's condition. I would google "____ lemon law" and put in your state in the ____ to see if your state's attorney general or anyone else might have information.
(2) There are two problems here. The first is that you admit the car was "as-is." The dealer may have had you sign a paper saying that you took the car as-is and realized it may not be in perfect condition. If the agent himself said the car was "great" or had "no problems," that contradicts what you signed, and, at best, you've got a "he said she said" over exactly what was promised to you by the dealer, which makes your case much weaker. Second, you've had the car for 3 months. Most lemon laws that apply to used cars apply only for a very short time -- 2 weeks or so, and you've got to expect that a 16 year old car (that you probably didn't pay more than a few thousand dollars for) is not in perfect condition, and things will fail. (If the car had over 50,000 miles, for example, and they didn't tell you the tires had been replaced, you have to assume that the tires are nearing the end of their lives. Same with brakes... those things wear out on a car.)

The short answer is -- yes, explore your options with the "lemon law," and examine any warranty information that the dealer gave you, especially if you were specifically orally promised that the car "had no problems." There are many consumer law centers (whether publicly funded, or private, or tied to law schools) that can at least give you information about the law and perhaps assist you in filing a small claims action.

But let this be a lesson -- ALWAYS have a used car checked out by a reputable third party mechanic. A simple test drive is not going to be enough.

Good luck.

Answer 3

No, you can't.

You signed a contract that says you're taking the car "as is".

You should have had a mechanic (or an independent third-party like AAA Inspection team/station) look the car over. Pay him half-an-hour of shop rate should be enough. He would have told you that this would last another few months, that needs to be changed soon, and so on.

You have to also consider they way a mechanic looks at cars, vs. a dealer/seller.

I've been tricked by unscrupulous mechanics into spending $2500 FIFTEEN YEARS AGO (money is worth more back then, remember) on a car that wasn't even worth that much. Basically they turned every single one of my small complaints (most of which I would have shrugged off had I known how trivial they were) into a major replacement. I did a 180 on a freeway when dodging an incoming car. I pulled off and went to a major tire dealer as I thought it was the tires. I came out holding a $2500 bill as I had ALL FOUR tires replaced, front suspension practically rebuilt w/ new shocks AND springs, AND a head gasket job, not to mention some misc. other ****. I was barely 18 then, I didn't know better, as it was my first car. Thinking back, I still can't believe how naive I was. Technically he didn't cheat me as he *did* address each and every of my complaints, but he sure as heck made more $$$ off of me than he should have.

In fact, just the other day I had a flat and I went to a major national chain to get a replacement. They also did an alignment, and said my front wheel needed a something, it'll be like $200 to put in. I went to my old mechanic and had them check it, they said they just added a few more shims (i.e. padding) and it's okay, and charged me only for a quick alignment, so technically that tire shop tried to cheat me too.

Remember, everybody have their own angle, and they may not be out for YOUR best interest.

I'd take a car to another mechanic to get a 2nd opinion, preferably someone referred by a friend.

EDIT: Lemon law generally applies to NEW car purchases. Basically it means if the car was in the shop repeatedly for the same problem, X days out of a month, the dealer is supposed to give you a brand new car for your troubles. Consult http://www.carlemon.com/

Answer 4

This is America and you can sue anyone you wish. However, you may not have a case. The window sticker... did it say "AS IS" or did it have a warranty? If you purchased it as is, you are pretty much stuck unless you discuss your problems with the dealer and ask for them to be fair with you. If the dealer has any integrity and want to continue with GOOD BUSINESS practices, They may (and should) offer help. By Law, if you purchased the car AS IS with no warranties... you do not have much to stand on.
Try being nice when you discuss this with the dealership.
If nothing works for you... try to sell the car to get away from it. If you intend to go to court, you may only end up getting more and more upset.

Answer 5

But would it be worth the lawyer bill? Most of those sound like general maintenance,unfortunately. But if he told you it wouldnt break down for a full year or something you might have a leg to stand on.

Answer 6

yes if you were mislead as to the condition you can sue and win..,.
the laws have changed it this area so lots of dealers will need to change the way they lie to their customers