Bought a car and discovered the "Check Engine" light was on, and covered with black tape...?

Question

Just bought an '88 buick Regal from a private owner (for less than $1,000 so Lemon Law does not apply)...

We just found that the "Check Engine" light was on -- the seller had covered it with black tape (dashboard is dark, so we didn't see it at first).

As usual, the handwritten receipt includes the phrase "as is".

If there is a major issue with the car, do I have a Small Claims case, for deception?


Thanks!

The issue would be deceptive selling, making a material change to hide a known deficiency, which I think trumps "as is"...

But my gut feeling is that the owner covered the light a while ago... when he was using it.

The car was inspected in August, and they included the receipt, showing an oil and lube and new air filter as well.

It was actually sold to me by the owner's brother-in-law, who had Power of Attorney -- since August, the actual owner had a stroke and it looks like he will be hospitalized for the rest of his life...

So I am thinking that if it just passed inspection, including emissions, it is a problem with the "Check Engine" light itself, and not a real issue with the car.

Answer 1

The car may still be ok. We have a vehicle with a check engine light that's been on for some time because a valve that has to do with emissions is stuck in an open position. This doesn't affect the performance of the car. Unfortunately, you may just need to take this as a lesson learned to check for the black tape.

If I were you, I'd give the owners a call and nicely tell them that you noticed that the light was on and wondered if they had found out why. It could be that there's a sensor issue or something that happened years ago and the light being on all the time bothered them so they taped over it. I did the same thing in an old vehicle and if I had sold it I may very well have forgotten that I had done that.

Answer 2

It was a an 88 Buick, does it run? You paid only $1000 for it, if it runs and drives, you are allright, A vehicle that old you can not even get good information from the computer in the car to try to help and fix it, so the check engine light is not a big deal. But I would call the guy and just ask him whats up with the light.
Hope this helps.

Chad

Answer 3

Check with a lawyer. They will usually answer a question for free.
The point here is, yes they are exempt from the lemon law. The sale is under a thousand dollars.
However, the deceived you in order to make the sale. That, my friend is fraud.
In fact, call the state attorney general
for an answer. You could win in small clams court. So, make sure these birds don't fly the coupe.
Your first step is to make a demand for your money back. Inform them of your
contacting the attorney general, and the
trouble they could be adking for.
If thery ignore it, sue in small claims court.
Best is to hjang a fraud tag on the crooks. That's what it is. Out right thievery.
Meanwhile, the red light may mean the smog pump needs cleaning or a filter.
The oil could be very dirty or lacks vicosity cause it wasn't changed. My neighbor only changes oil once, when he takes his car to trade in for a new one.
YOu could spend a few bucks at one of those places that put a scope on it,
it could be a malfunctioniong wire. Sometimes the simplest answer, the most direct approach is best. It's called Ocham's razor, or law, I believe.
In the old west they hung bad eggs like these; you don't mess with a man's means of getting around. Well, Good luck my friend.

As wonderful as the law is, I have a hard time with it sometimes. It isn't always fair. So, even if you are right, they may tell you its a civil matter, which means you have to sue.

Answer 4

first off id take it and have the computer scanned on it,it may just be something really simple like a sensor or a small item that would be making it come on,it doesn't mean the car is junk,you bought it as is,and you wouldn't do any good in a court room over this car,its too old ,so id just check it out and see what it needs to repair it,if it runs good right now,then its not to serious of a problem,you do not have a case with this car though,check it out,it may be a simple repair and the owner didn't want to spend the money on it,good luck with it.

Answer 5

With the car being so old and with amount you paid being so little, no. Buying a car in that state you are purchasing with the assumption that there will be mechanical or minor issues with the vehicle - its not new. While what the seller did was unethical, if the repairs (major) are more than what you paid then it will be in your best interest to just sell or scrap it.

Answer 6

Call the person you bought it from and see what he says. It would seem to be a clear case of deception. You do have the option of contacting an attorney or going the small claims court route but I wouldn't hold your breath for a refund of any size.

Answer 7

you my friend were deceived, a lawyer will cost you more than the car is worth, . i would invest in small claims court . this is not a major issue for driving. in most states you won t pass inspection with this light on,but drive on my friend it could be anything from a cracked block to a 2 dollar emission part

Answer 8

That's just terrible but I'm wondering if the cost and trouble of you pursuing a lawsuit against this person is going to cost more than taking the car to a garage and fixing whatever is wrong with it.

Answer 9

Sometimes check engine light on is caused by a faulty sensor and people just tape the light instead of changing the sensor. If the car runs fine I would'nt worry.

Answer 10

20 year old car sold "AS IS"..I cant see where you would have any kind of case against the seller...You really cant say he done it as it may have been that way before he got it...If it is running and it passed inspection,you got your monies worth,so why worry about it...I mean ,its not a new car!