"as is" car bought, major brake problem

[tanishadm]

What is the name of your state? michigan

my situation is this, i financed a car less than a month ago through a dealership which has "certified pre-owned vehicles" first my service engine light comes on and the car is shaking very badly, then when it snows my front tires lock up and the car wont go anywhere, went to 2 different shops for estimates and they both told me that someone has put something in my brake system line that was not brake fluid and the whole system is contaminated, both told me that a problem like this takes about a month to surface. both also said that i have new brake pads and everything, i didnt get those put on. contacted the dealer they basically said nothing they can do about it since it is an "as-is" sale, is there any laws or anything that can basically make them pay for it or can I return the car and get my down payment back since i have not made my 1st car note payment yet, someone please help me, needless to say its january in michigan so that means snow and lots of it

 

[hexeliebe]

my situation is this, i financed a car less than a month ago through a dealership which has "certified pre-owned vehicles" first my service engine light comes on and the car is shaking very badly, then when it snows my front tires lock up and the car wont go anywhere, went to 2 different shops for estimates and they both told me that someone has put something in my brake system line that was not brake fluid and the whole system is contaminated, both told me that a problem like this takes about a month to surface. both also said that i have new brake pads and everything, i didnt get those put on. contacted the dealer they basically said nothing they can do about it since it is an "as-is" sale, is there any laws or anything that can basically make them pay for it or can I return the car and get my down payment back since i have not made my 1st car note payment yet, someone please help me, needless to say its january in michigan so that means snow and lots of it

The ONLY thing I have found in my quick perusal of the relevant Michigan Statutes is the following:


MICHIGAN CONSUMER PROTECTION ACT
Act 331 of 1976
445.903 Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce; rules.

(1) Unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce are unlawful and are defined as follows:

(e) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.

(s) Failing to reveal a material fact, the omission of which tends to mislead or deceive the consumer, and which fact could not reasonably be known by the consumer.

(v) Taking or arranging for the consumer to sign an acknowledgment, certificate, or other writing affirming acceptance, delivery, compliance with a requirement of law, or other performance, if the merchant knows or has reason to know that the statement is not true.

(cc) Failing to reveal facts that are material to the transaction in light of representations of fact made in a positive manner.


The key point here is what does the "certified pre-owned vehicles" statement mean, did you get an inspection report from the dealership when you purchased the car and what does it contain regarding the brake system?

This is not an easy case to prove should you decide to go that route, however, if the inspection report shows that the dealership checked the braking system then they knew or had the opportunity to know that the fluid was not right in the system.

You need to speak with a consumer rights attorney in your area before proceeding. And even with an attorney, the BEST you could hope for is the return of your monies and to get rid of the car. But don't hold out a lot of hope. Cases like these are rare to win because of the 'AS-IS' disclaimer you signed.

 

[tanishadm]

same car more problems

What is the name of your state? mi
i've written b4 and gotten some help through this site, "as-is car major brake problem" ,well anyway with the info that i was given i asked the dealer what do they mean by "certified" i was told "everything is checked and if its not a good car we dont sell it on our lot", well after talking to the manager they did end up fixing my brake problem i had to pay 200. this was after i asked for the vehicle inspection report to be faxed to me, was told might not be able to get it for a 1997 car, but anyway, now my heat stays on constantly, my dash lights went out, rear defroster doesnt work and my tail lights dont work, "my car is at the shop as we speak to see what is wrong with it now" I want to know to anyone's knowledge if I could take this car back to the dealership and I am willing to put more money down to trade it in for another car I have only had this one car for a month and made one payment. I know that it's not really a cut and dry question to ask b/c it would depend on the dealer any everything, but has anyone ever had or been in this type of situation before. Thank you

 

[stephenk]

repost your questions in the "Lemon Law" section. You will probably get a more detailed response.