Used car sold false pretenses

[Saityshell]

Texas

My husbund were looking for a car, and found one at a Ford Dealership in Sweetwater Texas. We specifically asked if there was anything wrong with the car. The salesman said it was in good working condition, no major defects, it just had a lot of scratches and dents. So we put a non refundable $500 down payment on a 1999 Murcury sable. With the understanding we would come back to pick up the car when we had the remaining $2500. We came back aproximatly a month later and paid the $2500 in cash. We drove the car off the lot, and about an hour later while driving the car home to Lubbock, it broke down. We called the dealership and they said they would send a tow truck to get it, fix it for us, and drive back to us when they repaired it. Over a week later, we hadn't hear anything and gave them a call. They said the car had blown a gasket, and needed a new engine, which they would not pay for. They are now in possesion of the car, will not tow it back to us, and will not refund us the $2500. The car is under no warrenty, but are we still entitled to a refund because they sold us a car they specifically said had nothing wrong with it, when it obviously did? And if we are entitled to a refund, how do I go about getting one?

 

[Zigner]

Texas

My husbund were looking for a car, and found one at a Ford Dealership in Sweetwater Texas. We specifically asked if there was anything wrong with the car. The salesman said it was in good working condition, no major defects, it just had a lot of scratches and dents. So we put a non refundable $500 down payment on a 1999 Murcury sable. With the understanding we would come back to pick up the car when we had the remaining $2500. We came back aproximatly a month later and paid the $2500 in cash. We drove the car off the lot, and about an hour later while driving the car home to Lubbock, it broke down. We called the dealership and they said they would send a tow truck to get it, fix it for us, and drive back to us when they repaired it. Over a week later, we hadn't hear anything and gave them a call. They said the car had blown a gasket, and needed a new engine, which they would not pay for. They are now in possesion of the car, will not tow it back to us, and will not refund us the $2500. The car is under no warrenty, but are we still entitled to a refund because they sold us a car they specifically said had nothing wrong with it, when it obviously did? And if we are entitled to a refund, how do I go about getting one?

How could they know it would blow a gasket? They did not sell you this car under "false pretenses."

 

[OHRoadwarrior]

How are you going to prove a small mechanical problem did not develop, which blossomed into a blown gasket/blown motor, because you did not pull over and shutoff the engine in a timely manner?

It is hard to claim false pretenses, until you answer this conclusively.

 

[sandyclaus]

All used vehicles are sold "AS IS" unless the seller specifically provides you with a WRITTEN warranty or guarantee of fitness. The claims of the seller are only as good as the paper they are written on - i.e., "if it ain't in writing, it never happened."

That being said, what did your private mechanic tell you about the car when you had them inspect it BEFORE you agreed to buy it? You DID have a mechanic look it over, right? Otherwise, how could you possibly know that the vehicle was in good mechanical condition before you bought it? Sellers tell people things all the time to get them to buy their cars, whether or not it's true, and unless you can prove they lied to you about it, you will have little or no recourse in getting either your money back or getting the dealer to fix the car on their dime.

This looks to be a very expensive lesson for you and your husband.

 

[Kiawah]

You should have also checked the fair market value on a site like Kelly Blue Book or Edmunds, in addition to having a mechanic check it's mechanical condition.

 

[daleking]

Once the car is sold and you have taken it off then the car is under your authority and anything wrong with the car is your problem. You can legally blame the seller only if any warranty paper is signed or else nothing can be done.

 

[Proserpina]

Once the car is sold and you have taken it off then the car is under your authority and anything wrong with the car is your problem. You can legally blame the seller only if any warranty paper is signed or else nothing can be done.

Psst. You're necroposting. That's generally considered poor netiquette.

 

[Freefalcon]

You've already answered your own question when you said it was sold with NO warranty. No, you are not entitled to a refund, however, they cannot hold your car at the dealership repair shop unless you have an unpaid repair bill and this could include towing and even time for diagnosing the problem even though they sold you the car. In most states if you refuse to pay a repair bill the shop after a predetermined amount of time can post a 'mechanics lien' against the vehicle and then you would not be able to do anything legally with the vehicle untill you have the lien removed from the cars' title. So it sounds like your only option is to find out why they won't release it, clear that matter up, get your car back and decide what you want to do from that point. Good luck.

 

[Zigner]

You've already answered your own question when you said it was sold with NO warranty. No, you are not entitled to a refund, however, they cannot hold your car at the dealership repair shop unless you have an unpaid repair bill and this could include towing and even time for diagnosing the problem even though they sold you the car. In most states if you refuse to pay a repair bill the shop after a predetermined amount of time can post a 'mechanics lien' against the vehicle and then you would not be able to do anything legally with the vehicle untill you have the lien removed from the cars' title. So it sounds like your only option is to find out why they won't release it, clear that matter up, get your car back and decide what you want to do from that point. Good luck.

This thread is over 5 months old. Don't necropost.