Hi,can i sue a car dealer if car was sold As Is?

Question

Hi, i bought a car recently took it for a test drive everything was fine till the very next day overheats way to fast and antifreez drops until its empty can i sue the dealer if it was sold as is ?? anyone with any coments please help

Answer 1

Here is the best argument:

You can argue that the car was not of satisfactory quality when sold. This is a breach of a contract condition entitling you to "reject" the car (and recover the price) or alternatively to get damages for your losses. However, satisfactory quality requires one to look at the quality you would reasonably expect taking into account inter alia the age of the car and the price. A ten-year-old car is not going to be perfect and the price may reflect that. A car that overheats is not fit for the purpose for which it was intended, and would be a reasonable argument.

Although there is a problem: in order to reject for breach of condition (and recover in consequence the price you paid for it) you must do so unequivocally within a reasonable time. Although you are allowed a reasonable opportunity to discover the faults, no case has ever allowed rejection after 17 months. I am not sure how long you have had the car, but keep this in mind. Sold 'as is' is nonsense.

Answer 2

Unfoprtunately, any car with over 75,000 miles is as is with no warranty. However, I believe there is some type of return policy but it usually is real short, 2-3 days or 500 miles whichever comes first. That varies depending on what state you live in. You can report the dealer to the BBB and call your attorney generals office to see if your state laws protect you in anyway. Also, you can file a small claims case with the courts and try and sue him but it is not a guarentee that you will win unless you have a law backing you up. I have had many issues with used car dealers which is why I only go to a big dealership that has a reputation to uphold unlike those little ma and pa shops on the corner. Hope this helps. Good luck.

Answer 3

This area of law is not my expertise, however I did study this about two months ago and do remember that if the dealer says as is you really won't have much of a case. If you look at the buyer's guide and tell the dealer that he didn't put information concerning the failed parts of your automobile on the buyer's guide he will simply tell you that the car came to such a condition after you had purchased it. There's no real way to prove that the car was in that condition before you bought it. Too many loopholes for the dealer to get through. You could take it to court but it would most likely be a waste of your money. Sorry.

Answer 4

No!! You messed up but next time take a mechanic or a friend who knows about cars before you decide to buy a car. Trust no one unless is bran new and from a dealer who gives you warranty for at least 3 years!!!!!

You might have to check if the screw on the bottom is there and/or have it replaced or tighten it depending on what is needed.............it should cost you only about $2.50 if you do it yourself...........$50 or more if you go back to them or anything between $25 - $75 if you take it somewhere else!!!

Also check for any hose that may be leaking the sealer might also be old and need replacement but start with the screw since the liquid is coming out rather quick!!!

get a mechanics book on the car model you bought it will help you figure out where the screw is and also help you figure out any other problems that may arouse in the future!!

Answer 5

Under the law of contract one of the warranties that the seller provides is the warranty of merchantability , that is, the item sold is able to perform the normal task it is expected to perform. In the case that you relied on the advice of the seller upon explain a particular purpose, the item should also be "fit for that particular purpose". However, a seller is able to limit their liability by selling "as is", that is without the warranty of merchantability and the fitness for a particular purpose. Infact, a seller can sell with the caveat that he transfers only the title which he possesses. In this case he is absolved of any wrongdoing if the item or the title to the item purchased is defective.

However, different states have lemon laws which form a basis for recourse in the event that something goes wrong with a car even when it is sold as is. You can try to research whether your state has a lemon law in operation that is able to provide you with some protection and to allow you to recover all or at least a substantial amount of the sum paid.

Good luck !

Answer 6

They have to disclose any known problems with the vehicle. Not to mention this is bad business.

Take the car back and try to work out a reasonable settlement...they probably want to make you happy. Either way, promise them you will pass word around as to how you were treated, good or bad.

If they don't want to work with you, depending on the value of the car, sue in small claims court (generally under $5,000) or talk with a lawyer.

Just because the car is sold "as is" does not necessarily mean anything...there is an implied warranty with anyone who is a merchant to sell goods/services that are suitable.

Answer 7

If sold by a dealer, then the car must be sold in a roadworthy condition.I suggest that you should contact the dealer and ask him if he is prepared to do the repairs you need at his own cost. If he refuses then tell him you will get advice from the office of fair trading, or you can tell him you are going to get in touch with Watchdog about it. as well.

Answer 8

Umm,

What exactly about "As Is" doesn't make sense to you? The engine could be ready to fall out or whatever. That is the whole point of the dealer selling it "As Is".

He certainly can tell if it will cost more to repair the car than it is worth. So he will sell it to the first "sucker" who comes by, unprepared. It's called Caveat Emptor.(Buyer Beware)

"As Is", pretty much screams that you better check it out before BUYING it.

Answer 9

Most use car dealers give a 30 day 6000 mile warranty. My car did the same thing, but unfortunately it happened on the 31st day and I was SOL!

Does the paperwork you received when buying the car say anything about a warranty and repairs? Is there anything that says "as is"? Have you tried calling the place you purchased the vehicle from? I would start there.

Answer 10

why sue? would you not be better to go to the garage and diccuss the problem before going off on one! pretty sure they will have told you that there wont be any warranty, hence the term "as-is", like others have said if in doupt take a mechanic!!