Used truck purchase, several problems.

[Fisher.King]

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

I purchased a truck from a used dealer after being told by two salesman and the mechanic that the truck was inspected and turned up no problems. On the drive home I took the vehicle up to a speed higher than I got to while testing it, second gear is almost completely shot as well as reverse. The ac blows two temperatures, hot and extremely hot, and cannot be shut off. Two days later the muffler fell off from being completely rusted through, after putting it back on with some wire I noticed my idle had spiked dramatically. After an oil change, a wire leading from the ignition to the transmission failed, the mechanic said it rusted off, rendering the vehicle immobile and it had to be towed to get fixed. At this point the mechanic at the same dealership ensured me a second time that the vehicle was in perfect condition. About a week after that my radiator had completely drained but was easily fixed by replacing 2 hoses which were cracked. At this point, I get to around 30 mph in first gear before a hard drop into 3rd and reverse vibrates the entire vehicle. I have not made my first payment on the vehicle but the deadline is tomorrow night. The dealership is obviously refusing to fix it so I would like to know if I can take them to court to fix it or if I should just return it before I've made the payment. I signed an as is warranty however I was told the vehicle had no damage and was inspected prior to signing by several people, which was obviously a complete lie. I even had the transmission checked by a specialty shop and they told me the transmission should be replaced.

 

[swalsh411]

What part of "as is" don't you understand?

You have no recourse. Enjoy your new truck. Next time hire your own mechanic for an inspection.

 

[sandyclaus]

...I purchased a truck from a used dealer after being told by two salesman and the mechanic that the truck was inspected and turned up no problems...

And you believed them, WHY??

...I signed an as is warranty however I was told the vehicle had no damage and was inspected prior to signing by several people, which was obviously a complete lie. I even had the transmission checked by a specialty shop and they told me the transmission should be replaced....

You knew the vehicle was going to be accepted AS IS, because the paperwork said so. That meant YOU needed to verify the condition of the vehicle before committing to the purchase - especially since it was a used vehicle. That was the dealership's "OUT". If you accepted what they said (and used car dealers ARE known to lie to make a sale), then you accepted the vehicle exactly as they represented it - along with any undisclosed defects or mechanical issues. A

s a consumer, it is ALWAYS recommended to have your own private mechanic do a thorough inspection of a vehicle prior to purchase - so that you know what the TRUE mechanical condition is, and so you can make an informed decision as to whether or not to buy, and whether or not the asking price is fair given the circumstances. If you don't, then that's YOUR mistake.

Your ONLY recourse *MIGHT* be if they put something IN WRITING that represented the vehicle to be in a particular condition prior to the sale. However, you would ALSO need to prove that they actually KNEW about the problems and intentionally misrepresented the condition in order to have a chance at rescinding the sale.

That being said - enjoy your new vehicle.

 

[HomeGuru]

There are several options to investigate as it appears that the dealer has violated the Federal law.
Search FTC Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty etc.
Then search Oregon UDAP and UCC for state requirements.

I helped a used car buyer in Redmond and used the federal and state law. Also requested copies of mechanic inspection reports prior to the car being sold.
Come to find out the dealer lied and no inspections were completed. Buyer ended up getting $2300 worth of repairs for free.

 

[Fisher.King]

I looked into Oregon's laws that have to do with this, apparently the UDAP and UTPA both are describing how the dealer is breaking the law by telling me one thing and producing another then having me sign a paper that only covered general sales, not the specific truck defects. If they would have listed all the defects of the truck, I wouldn't have bought it at that point, however if I had they would still be liable for the damages under the UTPA. I'll be on the phone as soon as the atourneys office I found opens in the morning. Thanks for pointing me in the right direction .

 

[swalsh411]

How do you intend to prove the problems existed at the time you bought the truck? By your own admission you did not inspect the vehicle. And how do you intend to prove the dealership was aware of the problems? Do you think they do a complete inspection of every vehicle they sell? Ain't nobody got time for that!

And there is certainly no FTC requirement to provide a warranty on a vehicle.

 

[Fisher.King]

It's either the UTPA or UDAP that states this I forget which, but the dealer is resposible for damages that they did or did not know about. Just found out today that they did not inspect the vehicle at all prior to selling it, they hadn't even had it detailed yet. They bought it from the guy, drove it up the street then parked it and sold it. I have been in contact with a lawyer just after I learned that and apparently that is quite illegal because a test drive doesn't count as a safety inspection. Just have to contact the dealer now to let them know the court dates. Don't really need luck to win but you can wish it if you want.

 

[Zigner]

I'll still wish you good luck. I suspect you need it more than you think.

 

[albertlewia]

I always seen that there are lots of problem from buying any second product so you should take care of any document and try to getting original document of those products which you want to purchase.