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Bought car under false pretenses- anything I can do?

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rachelmc21

Junior Member
*I purchased a 2006 Hyundai Azera from your company in November 2013. I’d like to point out that the main reason I chose to purchase a vehicle through your company is because of your reputation as a reliable and high-quality vendor, with exceptional customer service. With a newborn daughter who would be a passenger in this vehicle daily, I decided that the peace of mind from going through a trusted vendor was worth the extra cost as compared to buying a vehicle through a private party. However, I’ve found my experience with your company to be nothing short of a nightmare.

From the time I purchased the car, there were mechanical problems which, as a first-time car buyer, I was not aware of. There was a slight oil leak, a squeaking noise when going over bumps, and a rattling noise upon starting the engine. Again, as an inexperienced car buyer, I did not realize these things weren’t normal at the time of purchase. I also trusted the word of your company, who assured me that the car had been thoroughly examined by a mechanic and was free of mechanical defects. *

As this was a used vehicle, I did not expect it to be in flawless condition, and expected that some minor repairs may need to be made. In December of 2013, roughly a month after purchasing the car, I took it to a Hyundai dealership to be serviced. I asked them to investigate the problems I had noticed, and let me know if there was anything that needed to be fixed on the car. Upon inspection by the Hyundai service department, the car was found to have several mechanical issues, including idler pulley replacement, wheel alignment, etc, with an estimated cost of nearly $2000 to repair. As I stated, I expected some wear and tear on a used vehicle, but this is downright unacceptable.

The truly disturbing thing is the fact that this vehicle was sold to me under the guise of being mechanically sound. As per the advice of the service department of Merced Hyundai, the mechanical issues in this car could not have presented themselves within the short time I had owned it, therefore the car was in this condition at the time of purchase. That means that either your company was aware of the defects or the car was sold to me under false pretenses (which I would hope is not the case); the car was examined by an incompetent mechanic; or the car was never examined at all. In any event, what your company did was nothing short of negligence. If the car was not examined, or not thoroughly examined, there would have been no way for your company to know whether the car you were selling me was safe. To the best of your knowledge, you could have been putting mine and my daughter’s lives at risk by heedlessly selling a car with unknown issues.

Unfortunately, that’s not where the nightmare ends. Around January of 2014, I attempted to have a copy of my key made, as I was only given one when I purchased the car. I was informed by the locksmith that my key could not be copied, because it was defective, and had been tampered with. The edges of the key had been ground and disfigured, making it impossible to use the key as a template for a new key to be cut.

With this knowledge, I returned to the Merced Hyundai dealership, where I ordered a new blank key from Hyundai. This was an additional $75, to add to the estimated cost of repairs of $2000. While waiting for the new key to be shipped to the dealership, my copy stopped working completely. It first began getting stuck in the door and ignition, and eventually it got stuck in the ignition to the point that it had to be yanked out while in the “on” position, and the battery of the car unplugged. So, as of today, March 10th, 2014, I have been unable to use my vehicle for over 2 weeks, which has been a hardship on me and left me with limited transportation for my daughter.

live In CA. I will paste a portion of the letter I wrote to autoland to explain my situation (above)


Basically, I purchased this car which was promised to have been checked for mechanical issues and and came to find out it had several expensive problems which had to have exsisted at the time of purchase. I have no warranty, and bought it "as is", however I feel what theyve done is a crime. Either negligence, if they lied about having examined or didnt do it thoroughly; or of course fraud if they sold it with knowledge of these problems and did not disclose them. But they've basically told me since I have no warranty, they will not do anything to rectify it. Is there a case for legal action here, or am I basically just totally screwed out of over $10000?
 


Zigner

Senior Member, Non-Attorney
*I purchased a 2006 Hyundai Azera from your company in November 2013. I’d like to point out that the main reason I chose to purchase a vehicle through your company is because of your reputation as a reliable and high-quality vendor, with exceptional customer service. With a newborn daughter who would be a passenger in this vehicle daily, I decided that the peace of mind from going through a trusted vendor was worth the extra cost as compared to buying a vehicle through a private party. However, I’ve found my experience with your company to be nothing short of a nightmare.

From the time I purchased the car, there were mechanical problems which, as a first-time car buyer, I was not aware of. There was a slight oil leak, a squeaking noise when going over bumps, and a rattling noise upon starting the engine. Again, as an inexperienced car buyer, I did not realize these things weren’t normal at the time of purchase. I also trusted the word of your company, who assured me that the car had been thoroughly examined by a mechanic and was free of mechanical defects. *

As this was a used vehicle, I did not expect it to be in flawless condition, and expected that some minor repairs may need to be made. In December of 2013, roughly a month after purchasing the car, I took it to a Hyundai dealership to be serviced. I asked them to investigate the problems I had noticed, and let me know if there was anything that needed to be fixed on the car. Upon inspection by the Hyundai service department, the car was found to have several mechanical issues, including idler pulley replacement, wheel alignment, etc, with an estimated cost of nearly $2000 to repair. As I stated, I expected some wear and tear on a used vehicle, but this is downright unacceptable.

The truly disturbing thing is the fact that this vehicle was sold to me under the guise of being mechanically sound. As per the advice of the service department of Merced Hyundai, the mechanical issues in this car could not have presented themselves within the short time I had owned it, therefore the car was in this condition at the time of purchase. That means that either your company was aware of the defects or the car was sold to me under false pretenses (which I would hope is not the case); the car was examined by an incompetent mechanic; or the car was never examined at all. In any event, what your company did was nothing short of negligence. If the car was not examined, or not thoroughly examined, there would have been no way for your company to know whether the car you were selling me was safe. To the best of your knowledge, you could have been putting mine and my daughter’s lives at risk by heedlessly selling a car with unknown issues.

Unfortunately, that’s not where the nightmare ends. Around January of 2014, I attempted to have a copy of my key made, as I was only given one when I purchased the car. I was informed by the locksmith that my key could not be copied, because it was defective, and had been tampered with. The edges of the key had been ground and disfigured, making it impossible to use the key as a template for a new key to be cut.

With this knowledge, I returned to the Merced Hyundai dealership, where I ordered a new blank key from Hyundai. This was an additional $75, to add to the estimated cost of repairs of $2000. While waiting for the new key to be shipped to the dealership, my copy stopped working completely. It first began getting stuck in the door and ignition, and eventually it got stuck in the ignition to the point that it had to be yanked out while in the “on” position, and the battery of the car unplugged. So, as of today, March 10th, 2014, I have been unable to use my vehicle for over 2 weeks, which has been a hardship on me and left me with limited transportation for my daughter.

live In CA. I will paste a portion of the letter I wrote to autoland to explain my situation (above)


Basically, I purchased this car which was promised to have been checked for mechanical issues and and came to find out it had several expensive problems which had to have exsisted at the time of purchase. I have no warranty, and bought it "as is", however I feel what theyve done is a crime. Either negligence, if they lied about having examined or didnt do it thoroughly; or of course fraud if they sold it with knowledge of these problems and did not disclose them. But they've basically told me since I have no warranty, they will not do anything to rectify it. Is there a case for legal action here, or am I basically just totally screwed out of over $10000?

You spent over $8,000 on an 8 year old Hyundai?
You spent over $8,000 on an 8 year old <any make of car> and didn't have it inspected by a mechanic?
You test drove a car, heard it squeak over bumps and rattle on starting, and thought that was normal?
You expected to have to perform repairs on your new used car. You should have had it inspected PRIOR to purchasing it, so you would know what you were in for.


Alignment - normal maintenance item.
Idler Pulley - normal maintenance item.


This is your car. Fix it, or don't. The dealer is under no obligation to do anything for you.


Edit: I missed the key issue. The key apparently works fine for its intended purpose. Namely, opening & operating the vehicle.
 

rachelmc21

Junior Member
Key is useless

You spent over $8,000 on an 8 year old Hyundai?
You spent over $8,000 on an 8 year old <any make of car> and didn't have it inspected by a mechanic?
You test drove a car, heard it squeak over bumps and rattle on starting, and thought that was normal?
You expected to have to perform repairs on your new used car. You should have had it inspected PRIOR to purchasing it, so you would know what you were in for.


Alignment - normal maintenance item.
Idler Pulley - normal maintenance item.


This is your car. Fix it, or don't. The dealer is under no obligation to do anything for you.


Edit: I missed the key issue. The key apparently works fine for its intended purpose. Namely, opening & operating the vehicle.
No. The key is not working, it no longer unlocks nor can it be inserted into the ignition.
And the whole purpose of buying through this vendor was that they have the car inspected by a mechanic prior to sale. They are a third-party seller, so there would be no reason for them to not do so. They sold it to me stating that it had no mechanical issues when it did. Is that not a crime?

Also, the car itself was around 8000. The repairs that will need to be made in order for it to be operable will add up to a total cost of over 10000.
 
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Ladyback1

Senior Member
Did you give the dealership/company where you bought it an opportunity to correct the problems?

As a first time car buyer you should have educated yourself.
1) There are very few used cars that will not have some minor fluid leaks (and yours was already 7 years old when you bought)
2) See #1 for "squeaks"
3) Cars can go out of alignment at any time

Did you ever stop to consider that the Hyundai dealership spotted you as a "mark", and performed work that wasn't necessary?
How many miles did the car have on it when you bought it? How many miles did it have on it at the time you took it to the Hyundai dealership that diagnosed the problems?
 

Zigner

Senior Member, Non-Attorney
No. The key is not working, it no longer unlocks nor can it be inserted into the ignition.
Then how have you been driving the car since January?
And the whole purpose of buying through this vendor was that they have the car inspected by a mechanic prior to sale. They are a third-party seller, so there would be no reason for them to not do so. They sold it to me stating that it had no mechanical issues when it did. Is that not a crime?
What you are dealing with are routine maintenance issues.

Also, the car itself was around 8000. The repairs that will need to be made in order for it to be operable will add up to a total cost of over 10000.
Yes, I know. That's why I said "over $8,000" instead of "over $10,000"

Look, you went in to this with your eyes wide shut. You had every opportunity to NOT have this occur.


Enjoy your car.


EDIT: Oh, I see. They key worked from December through late February.
 

rachelmc21

Junior Member
Did you give the dealership/company where you bought it an opportunity to correct the problems?

As a first time car buyer you should have educated yourself.
1) There are very few used cars that will not have some minor fluid leaks (and yours was already 7 years old when you bought)
2) See #1 for "squeaks"
3) Cars can go out of alignment at any time

Did you ever stop to consider that the Hyundai dealership spotted you as a "mark", and performed work that wasn't necessary?
How many miles did the car have on it when you bought it? How many miles did it have on it at the time you took it to the Hyundai dealership that diagnosed the problems?
Yes, we (very calm and courteously) informed the agent who sold me the car of the issues we had, and were told that since we had no warranty, we were basically SOL.
The car had 109,xxx miles on it at purchase and roughly the same when I took it to Hyundai, as it was less than a month after purchase. It's totally possible they over-exaggerated the work that needed to be done. (I also think it's possible that Autoland took advantage of the fact that I was an inexperienced car buyer.) But there are definite issues (aside from the alignment) that were there from the start, however without the quote they gave me in front of me I can't remember them off the top of my head. Those were just examples. I just feel duped that I was assured the car had no issues at the time of purchase when it did.
 

Zigner

Senior Member, Non-Attorney
Yes, we (very calm and courteously) informed the agent who sold me the car of the issues we had, and were told that since we had no warranty, we were basically SOL.
The car had 109,xxx miles on it at purchase and roughly the same when I took it to Hyundai, as it was less than a month after purchase. It's totally possible they over-exaggerated the work that needed to be done. (I also think it's possible that Autoland took advantage of the fact that I was an inexperienced car buyer.) But there are definite issues (aside from the alignment) that were there from the start, however without the quote they gave me in front of me I can't remember them off the top of my head. Those were just examples. I just feel duped that I was assured the car had no issues at the time of purchase when it did.
I would suggest that you take your 8 year (and 109,000+) car to an independent mechanic. It will cost you considerably less to have it repaired with them than through the dealer.
 

Ladyback1

Senior Member
:(

I think that probably both the dealer and the third party (Autoland) saw you as a "mark", and took advantage of your inexperience and your lack of knowledge.

And I agree it's not right (ethically or morally), but it doesn't make it illegal.

Find a local mechanic and take the vehicle to him/her. Get recommendations from friends and family. Take a male family member with you (yes, it's horrible, but some mechanics/car dealers still treat women like we're stupid and are lucky to be able to put gas in the vehicle). Don't allow the mechanic/car dealer bully you into allowing the to fix anything without first doing your own research and investigation.
 

swalsh411

Senior Member
And the whole purpose of buying through this vendor was that they have the car inspected by a mechanic prior to sale. They are a third-party seller, so there would be no reason for them to not do so.
There are two good reasons they do not perform a complete inspection on every used car they sell. First is that they are time consuming and they make more money when their employees are working on something billable. Second is that if they do not know about an issue they can truthfully say they are not aware of it.

They sold it to me stating that it had no mechanical issues when it did. Is that not a crime?
What exactly did they say to you? And can you prove they said it?

2006 was just around the time Hyundai was turning the corner in quality. The 2006 - 2010 Sonata in my opinion is the first "good" car they ever sold in the US, meaning it was competitive and built well. Anything prior to that is questionable. I realize hindsight is 20/20 but next time get an independent inspection.
 

TheGeekess

Keeper of the Kraken
There are two good reasons they do not perform a complete inspection on every used car they sell. First is that they are time consuming and they make more money when their employees are working on something billable. Second is that if they do not know about an issue they can truthfully say they are not aware of it.



What exactly did they say to you? And can you prove they said it?

2006 was just around the time Hyundai was turning the corner in quality. The 2006 - 2010 Sonata in my opinion is the first "good" car they ever sold in the US, meaning it was competitive and built well. Anything prior to that is questionable. I realize hindsight is 20/20 but next time get an independent inspection.
Those Sonatas started being built in Montgomery, AL about that time. :p

I have a '03 Hyundai Elantra that now has +300K miles on it. Still runs like a champ. :cool:
 

OHRoadwarrior

Senior Member
I suggest you visit a locksmith who can make a new key that will work in the locks. The manufacturer may have the key code on file which allows a replacement to be cut also. Guess what used cars wear out. New ones also do.

No. The key is not working, it no longer unlocks nor can it be inserted into the ignition.
And the whole purpose of buying through this vendor was that they have the car inspected by a mechanic prior to sale. They are a third-party seller, so there would be no reason for them to not do so. They sold it to me stating that it had no mechanical issues when it did. Is that not a crime?

Also, the car itself was around 8000. The repairs that will need to be made in order for it to be operable will add up to a total cost of over 10000.
 

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