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used car problems

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matthew1201

Junior Member
What is the name of your state (only U.S. law)? Texas

I bought a used car from a nationwide dealership last Saturday. The car had just come in, but according the salesman everything had been checked out by a mechanic and it was in excellent shape. But since it had just come in they hadn't had time to clean it yet, which wasn't a problem. I signed all the paperwork and paid cash for the car. I did purchase the car "as-is", since it was too old to have any manufacturer's warranty left on it.

I also traded in my leased car to them. They didn't seem to have a problem with this since I had leased it from there new car dealership.

While me and my dad were driving home from the dealership in the car we had almost made it to the house, but the car totally died on a main street in the city I live in. So we had to risk our lives pushing it into a parking lot. I called the dealership and they had it towed back to there shop. Sunday they were closed.

Today I get an email saying they have to replace the battery, alternator, and radiator, but they will pay the bill for all service/labor fees and part costs. But I went down there to tell them I didn't want to car because I didn't have faith in it any more and even though Texas law allows car buyers to return the car within 3 days, the sales manager didn't want to give me my money back because the car was sold "as is". Then he goes on to explain that when they did check that car out that they KNEW they were going to have to replace the battery, the radiator and the alternator. The salesman never said anything about parts needing to be replaced, and he told us he had been a mechanic for 8 years...

So my question is, did the dealership do something illegal by selling me a car that they KNEW needed three very important parts replaced even though it was sold "as-is"? Also, should I be able to return this car, even though it was sold "as-is"? Is there any other law (Texas or Federal) that I should know about that would help me return the car and get my money back?


Thanks in advance
 


Zigner

Senior Member, Non-Attorney
Why do you believe that you have the right to return the vehicle in 3 days? :confused:

Review https://www.texasattorneygeneral.gov/cpd/buying-a-car-used-or-new and https://www.texasattorneygeneral.gov/cpd/the-3-day-right-to-cancel-a-purchase

What is the name of your state (only U.S. law)? Texas

I bought a used car from a nationwide dealership last Saturday. The car had just come in, but according the salesman everything had been checked out by a mechanic and it was in excellent shape. But since it had just come in they hadn't had time to clean it yet, which wasn't a problem. I signed all the paperwork and paid cash for the car. I did purchase the car "as-is", since it was too old to have any manufacturer's warranty left on it.

I also traded in my leased car to them. They didn't seem to have a problem with this since I had leased it from there new car dealership.

While me and my dad were driving home from the dealership in the car we had almost made it to the house, but the car totally died on a main street in the city I live in. So we had to risk our lives pushing it into a parking lot. I called the dealership and they had it towed back to there shop. Sunday they were closed.

Today I get an email saying they have to replace the battery, alternator, and radiator, but they will pay the bill for all service/labor fees and part costs. But I went down there to tell them I didn't want to car because I didn't have faith in it any more and even though Texas law allows car buyers to return the car within 3 days, the sales manager didn't want to give me my money back because the car was sold "as is". Then he goes on to explain that when they did check that car out that they KNEW they were going to have to replace the battery, the radiator and the alternator. The salesman never said anything about parts needing to be replaced, and he told us he had been a mechanic for 8 years...

So my question is, did the dealership do something illegal by selling me a car that they KNEW needed three very important parts replaced even though it was sold "as-is"? Also, should I be able to return this car, even though it was sold "as-is"? Is there any other law (Texas or Federal) that I should know about that would help me return the car and get my money back?


Thanks in advance
 

matthew1201

Junior Member
Because in the mile of paperwork I signed to buy the car, one of the documents was titled "New and Used Vehicle Money Back Guarantee" and on the back of it is the terms and conditions, none of them state you cannot return it if it is sold as is. I'll try to post a picture of the terms and coditions If I can.
 

jimnyc

Member
Because in the mile of paperwork I signed to buy the car, one of the documents was titled "New and Used Vehicle Money Back Guarantee" and on the back of it is the terms and conditions, none of them state you cannot return it if it is sold as is. I'll try to post a picture of the terms and coditions If I can.
I'm also betting it doesn't state you will win a million dollars if the sun doesn't rise the next day. :)

What matters is what IS written, not what isn't there. If the terms and conditions state "as-is", and no warranty at all - caveat emptor - and you should have had a mechanic look at it prior to purchase.
 

STEPHAN

Senior Member
The car had just come in, but according the salesman everything had been checked out by a mechanic and it was in excellent shape.
Used car salesmen say a lot. You bought the car as-is. You had the chance to check out the car or have it checked out by a pro. You decided to not do so.

You are luck that they decided to pay for the repairs.
 

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