Used SUV Not As Advertised: Purchased Months Ago

[tony17112acst]

State = PA: I'm hoping this is the correct sub-forum.

My wife hit a concrete divider in very light snow on the road, moving very slowly, driving an All Wheel Drive (AWD) SUV we just purchased a few months ago (used) from a new car dealer. After coming to a stop, the SUV would just slip and slide sideways just trying to start moving again. When coming home, the AWD SUV couldn't even climb the light grade on the public road our home is located on (which my front wheel drive minivan handled).

After some testing in the snow, we have found that the front wheels are not driving at all, and the rear wheels only are spinning. We also found that this is a common problem with this vehicle.

I plan to contact the dealer and asking for our money back since it was clearly advertised with AWD (assuming we have it checked out and it is indeed not working correctly). I'm sure they will say "no," but can I use as leverage that we'd win a civil case against them if we had to sue since the AWD isn't working AND it very likely resulted in the crash itself?

In other words, is it likely that we have a good case if we had to sue to get our money back with nothing more than broken AWD, a crash in light snow, and the inability to drive up a light grade in light snow without sliding off the road?

Thanks in advance. -Tony

 

[Zigner]

Before we go in any further:

Was this a NEW SUV?
What type of SUV is it?

State = PA: I'm hoping this is the correct sub-forum.

My wife hit a concrete divider in very light snow on the road, moving very slowly, driving an All Wheel Drive (AWD) SUV we just purchased a few months ago (used) from a new car dealer. After coming to a stop, the SUV would just slip and slide sideways just trying to start moving again. When coming home, the AWD SUV couldn't even climb the light grade on the public road our home is located on (which my front wheel drive minivan handled).

After some testing in the snow, we have found that the front wheels are not driving at all, and the rear wheels only are spinning. We also found that this is a common problem with this vehicle.

I plan to contact the dealer and asking for our money back since it was clearly advertised with AWD (assuming we have it checked out and it is indeed not working correctly). I'm sure they will say "no," but can I use as leverage that we'd win a civil case against them if we had to sue since the AWD isn't working AND it very likely resulted in the crash itself?

In other words, is it likely that we have a good case if we had to sue to get our money back with nothing more than broken AWD, a crash in light snow, and the inability to drive up a light grade in light snow without sliding off the road?

Thanks in advance. -Tony

 

[tony17112acst]

I'm not sure what you mean by "type" of SUV ...it's an All Wheel Drive (AWD), meaning that all 4 wheels should have power going to them. The Make is a 2004 Buick Rainier, AWD (some are Rear Wheel Drive (RWD)).

Also, you may have noticed in the Title and the Body that is Used ...thanks! -Tony

 

[Antigone*]

I'm not sure what you mean by "type" of SUV ...it's an All Wheel Drive (AWD), meaning that all 4 wheels should have power going to them. The Make is a 2004 Buick Rainier, AWD (some are Rear Wheel Drive (RWD)).

Also, you may have noticed in the Title and the Body that is Used ...thanks! -Tony

Enjoy your new car, tony

 

[tony17112acst]

"Enjoy your new car..." OK, I'm lost. What do you mean by that? -Tony

 

[Zigner]

You bought an AWD vehicle. Many months later, the AWD is not working correctly. Many people would take it to their mechanic to have it repaired. Have you done so?

 

[Zigner]

It means that this is YOUR car and YOUR problem.

 

[tony17112acst]

It has not been repaired because we just discovered that the AWD isn't working only a few days ago. Also, we wouldn't spend thousands of dollars repairing something IF we knew we'd get our money back, which is why we're asking this legal question.. Thank you.

 

[tranquility]

You have no way of proving the car did not break down while it was in your hands. Unless there was some limited warranty with the dealer, they will not be responsible. If you took it to a mechanic immediately, you might have had a case.

 

[tony17112acst]

"...This is your car and your problem." So if a dealer advertises AWD and the AWD doesn't work, there's no legal case?

 

[Antigone*]

It has not been repaired because we just discovered that the AWD isn't working only a few days ago. Also, we wouldn't spend thousands of dollars repairing something IF we knew we'd get our money back, which is why we're asking this legal question.. Thank you.

So when you took your car to the mechanic to have it checked out when you purchased it, what did he say? Did he tell you the AWD was not working, then?

OH Wait... You didn't take the car to the mechanic, right?

Yep... enjoy YOUR new car.

 

[Zigner]

It has not been repaired because we just discovered that the AWD isn't working only a few days ago.

Your wife hit a concrete divider - it's entirely possible that caused the AWD to cease functioning.

 

[Zigner]

"...This is your car and your problem." So if a dealer advertises AWD and the AWD doesn't work, there's no legal case?

The vehicle IS an AWD vehicle. The AWD has ceased functioning. It's not a case of false advertisement...it's a case of your car being broken.

 

[tony17112acst]

"You have no way of proving the car did not break down while it was in your hands."

OK, I'll probably have to accept that. Sometimes proving something in court conclusively isn't always the standard, I was hoping since there was a crash, there'd be some give. As a landlord, proving something conclusively is something the tenant NEVER has to do. So now it's my turn and it looks like it goes against me both ways. Yay.

 

[tony17112acst]

"The vehicle IS an AWD vehicle. The AWD has ceased functioning. It's not a case of false advertisement"

I can see it that way too; good point.