We bought the car As Is from one of those questionable small lots for people with bad credit (Our stupidity) When we called after the second incident and requested our down payment back and out of the deal, our salesperson said that would not be a problem. We went in two days later and they said they had fired him and he was a "liar" we couldn't get our money back, out of the deal, anything. Since he WAS an employee at the time he sold the vehicle would his statement be binding if we subpoenaed for a small claims court hearing? Please helpful answers only. I *know* we should have had a mechanic check the car prior to sale. Thanks!
2007-10-22 17:01:38 · 14 answers · asked by Leah D 2 in Politics & Government ➔ Law & Ethics
Here are additional details about the sale I posted in a different question:
When we questioned a dealer about a Kia we ultimately ended up purchasing he assured us just "routine maintenance" had been done. Two weeks after bringing home the vehicle it began overheating and was undriveable. When we took the car to the same mechanic who had worked on it, we were surprised to find out the water pump had been replaced as well as the timing belt and several other repairs. My question is would these repairs fall under minor rountine repairs or should the dealer disclosed this information to us? We don't want to be stuck with a "dead horse" so to speak. If this salesperson was misleading we have a good chance of getting our money back from what I understand.
2007-10-22 17:10:28 · update #1
Sorry, I forgot to add, we live in Montana.
2007-10-22 17:12:19 · update #2
Unfortunately, lemon laws only apply to new cars, not used cars. I am assuming you did not purchase a service contract on the car. Because the car was sold "as is," the dealer has expressly disclaimed all implied warranties of merchantability under Montana law. However, if you purchased a service contract (within 90 days of purchasing the car), the implied warranty of merchantability is back in effect, under federal law (the Magnuson Moss Act) as to the systems covered under the service contract. Again, I assume that you did not do so. Under implied warranty law, you don't have much of a leg to stand on. However, if the salesperson mislead you (which it sounds like he did), you may have a different cause of action. I would contact a local attorney and ask.
2007-10-23 03:52:01 · answer #1 · answered by Heather Mac 6 · 1⤊ 0⤋
If you had brought the thing notwithstanding an as-is where-is caveat, it would be difficult to recover. You have to prove that (1) the problem with the car is classified as hidden defect or one that cannot be detected by mere visual examination. Otherwise, you bear the risk of having bought the car that looked awful at first glance. (2) Also you must prove concealment or fraund on the part of the seller. Since I cannot visualize how the car looked like when it was sold to you, I leave it up to you to honestly say if you had willingly overlooked obvious physical problems with the vehicle.
But I will still say that you have a good chance of recovering what you paid the car company. When we buy something, we expect to at least get value for money. In like manner, the seller should give a minimum guarantee that the buyer can reasonably enjoy the beneficial fruits of the purchase. The 'as-is, where-is' caveat is not an excuse to commit fraud or unjust enrichment.
If there is proof that the seller of the car misled you into buying it, or fraudulently concealed defects which had you known them you would not have dared to buy the car, then you are entitled to a recovery of the amount that you pay, and if possible for damages on account of all the anxieties and inconvenience the seller caused you to suffer because of the concealment.
2007-10-23 00:48:30 · answer #2 · answered by the asthmatic assassin 2 · 0⤊ 0⤋
This also happened to me this year. I bought a Voyager Van and it had a bad transmission. They tried to put me into another van and I told them, nope....just give me money back. They did. They had to. I had a "limited warranty" on it. Which meant that I had so many miles or so many days in which I could bring it back. Did you have a warranty on this vehicle? Check your paperwork. I think you should also check your local laws. You have so much time to change your mind about interring into a contract with someone---and the reason doesn't even matter. It might be 24 hours....or it could be as long as 3 days. From the description you gave, it sounds like you're entitled to your money back, regardless as to whether this salesman got fired or not. He worked for the car lot and was their representative---whether they liked him or not. Oh.... In the future, stay away from those kind of car lots. My parents tell me that you're gambling anytime you purchase a car from one of those smaller car lots; they sell cars off of the auction block and other people's trade ins. Go to the larger dealerships when they're running a special sale. Or buy from a private owner....preferably a 1 car- owner situation. Make sure he'll not a crook. And yes, by all means have a mechanic check the car out prior to the sale. Even right afterwards is better than not at all. Good luck to you, Brenda
2007-10-23 00:16:51 · answer #3 · answered by Brenda 6 · 0⤊ 1⤋
I know someone in a similar situation. He bought a car from one of those "bad credit" spots and the car broke down while he was trying to drive it away. He called them and told them to come and pick their "piece of sh*t" up. Turns out the Transmission is shot and they gave him the option of replacing it or getting his money back. He chose to get his money back. We live in California. Depending on what State you live in will determine if you have a case. In California, all cars must pass an inspection before they can be sold from the lot. I would call the Better Business Bureau and the State Office where you live.
2007-10-23 00:08:26 · answer #4 · answered by missie_d_73 3 · 2⤊ 0⤋
Im not sure where you live but there are lemon laws in most states, i would seriously consider consulting a lawyer. Even if the lemon laws do not exist where you are im sure there is a way for compensation in full to be recieved unless on your contract that you signed you agreed to the as is factor. I wish you the best of luck some of these car dealers in the world can be real buttheads.
2007-10-23 00:06:31 · answer #5 · answered by Spiritchasers 1 · 1⤊ 1⤋
Yes you can legally providing you have proof that he was actually an employee at the time.Such proof as his signature along with the owner/manager/supervisor signature on the contract/bill of sale.Once you have that yes you can and will win
2007-10-23 00:08:46 · answer #6 · answered by Super Team 2 · 1⤊ 0⤋
the guy was an employee of the company at the time you bought the car so what he told you should count and do you have a contract and what does the contract state. you should also contact the better business bureau and your states attorney general
2007-10-23 00:08:29 · answer #7 · answered by jaws65 5 · 1⤊ 1⤋
Right there...AS IS..nothing you can do about it. People always forget they legally have the right to have their own mechanice check out the car before purchase..but no one every does it. You signed the contract..Your stuck with it.
2007-10-23 00:05:06 · answer #8 · answered by Anonymous · 1⤊ 0⤋
i would you suggest you read your contract very carefully and contact the better better business bureau in your area as is or not no dealership is allowed to sell you a car knowing something is wrong without disclosing that information
2007-10-23 00:11:38 · answer #9 · answered by Anonymous · 1⤊ 1⤋
They are still liable and just because they fired the salesman does'nt leave them off the hook.
2007-10-23 00:10:58 · answer #10 · answered by doc_holliday1863 7 · 1⤊ 1⤋