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Dealer Used Vehicle Purchase w/o catalytic converters

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berny2435

Junior Member
This is my complaint to the Attorney Generals office "draft"

Please let me know if you know how to help and what exactly Iowa's state law is on selling cars without proper emissions equipment on them.

I have researched a few sites but haven't found the Iowa law regarding what they do in this case. I have however found what Texas has in their law which reads
quote "
http://www.tceq.state.tx.us/implementation/air/mobilesource/vetech/tampering.html
Vehicle Sales
Texas law prohibits any person from selling, offering for sale, leasing, or offering to lease any vehicle not equipped with all emission control systems or devices in good operable condition. Violators are subject to penalties under the Texas Clean Air Act of up to $25,000 per violation. Buyers are advised to have the vehicle checked for all required emission control devices prior to purchasing a new or used vehicle.

A vehicle may not be legally sold if its original engine has been replaced with another certified engine but without the related emission control components. Tampering includes the failure to install the emission controls associated with an engine configuration.
""" un quote
Iowa
My name: Ryan Bernholtz
vehicle 2006 nissan 350Z track model
: Went to search for a used vehicle on May 2nd 2008. Saw a vehicle of interest at Car City on Merle Hay Rd in Des Moines. I test drove the 2006 Nissan 350Z, negotiated terms and felt the vehicle was fit and free of mechanical defects and check engine lights. I then placed a $500 deposit on vehicle to hold for purchase while they performed agreed upon repairs and maintenance to vehicle before full purchase. I returned to Car City on May the 3rd and proceeded to inspect work performed before I signed the final papers. Dealer did not purchase the tires that I wanted or purchase the rear brakes pads I wanted through verbal contract. I still agreed to proceed with purchase. After filling out paperwork I went to get into car the car and the car was notifying me of low fuel and bellow E on the fuel gauge. The Dealer then gave me their gas credit card to purchase a tank of gas at the local quick trip gas station. As I was on the way to the gas station, less than a block away at address _______, the check engine light came on. I filled up with gas and then went straight back to the dealer and told them about the check engine light. They told me that these late model vehicles will turn on the check engine light sometimes when the gas runs really low. They said that if the light didn’t go off by itself that they would fix “whatever” the problem was.

From the dealer I proceeded to go to Advanced Auto Parts and use their OBDII scanner tool to validate the engine codes. There was two _____ and _____. They were in fact codes that I felt could have been triggered by low gas levels. I proceeded home to Ames Iowa. The check engine light did not go off during that time. I then proceeded to again travel to Advanced Auto Parts to check the engine codes again. _____ code was still present. I cleared the code and then drove around town. The code re-appeared and I then proceeded to call the dealership on Monday to arrange a time for the vehicle to be fixed . I took it in on Tuesday __ Day. I told them I found ____ and ___ code and that I also found an exhaust leak from the passenger’s side exhaust pipe by the number 1 O2 sensor. They said they would take care of it. They called me up Thursday May 1st and said the vehicle was fixed and I could pick it up. I was going out of town on vacation and I returned to pick up the vehicle on Monday the 5th of May. I went to drive the vehicle home and as I go to Ankeny Iowa, the check engine light came back on the vehicle. I immediately called the dealership and told them that I would be dropping the vehicle back off for repairs. They said they would do what it takes to fix it. I got a call back and they told me they know what the problem is. The problem is that the car has no catalytic converters on the car. This changed the game for me as I did not think I was buying a car with such a modification. I told the dealership that I did not want the vehicle anymore and that I wanted my money back. They did not agree to do so and told me they would still fix the car for me and replace the catalytic converters. They ended up ordering new OEM converters but now want me to sign a form basically agreeing to quote “keep me from coming back to them with any problems” I do not want to sign the paperwork because I feel they have sold me an illegal vehicle under state and federal laws. I want to hold to fixing the “check engine light” not just the catalytic converters. They will not agree to just fixing the catalytic converters. I am also in fear that not only the engine my have sacrificed reliability from running with no emissions as well as my agreed upon sale, remainder transferable factory warranty.

Ultimately, I do not want the vehicle because it is the not the vehicle that I thought and agreed upon purchasing. I did not knowingly purchase the vehicle without the catalytic converters on it. If refund can not be granted, I would like no less than the Dealer to sign a written statement that they will incurr all costs related to solving check engine lights 1,2,3 and 4 based up the consumers diagnostic scans and manufacturers repair manual. If the vehicle is not free of these check engine codes within _ _ _ _ miles the vehicle will then have to be repaired by the dealer or purchased back from the consumer for the full amount of purchase pluss interest on the loan and all incurred lawyer fees by plaintif.


Thank you for your time and help.

Ryan
 



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