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Used vehicle bought without Buyer's Guide posted on it

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TexasCookie

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

I live in Texas and recently purchased a used vehicle from a large dealership that sells both new and used. I'll admit now that I didn't know what I was doing and that I trusted the salesman and dealer to honor their word. I'm a middle aged widow trying to raise a teen aged son. He used his inheritance money to purchase a 2010 Mustang (titled in my name) It was too much car for an 18 yr old and he finally came to his senses and decided he would prefer a truck. So we visited the local dealership and looked around. He saw a 2005 Ford F250 Super Duty Crew Cab 6.0L diesel in the back of the lot. He asked the salesman for info on it, as it had nothing posted anywhere on it. The salesman made several trips back to the main building to get info. We took for a test drive but didn't get a half mile from the lot before the truck stalled while in motion on the highway. We also noticed that the AC didn't work very well. Salesman assured us these were minor issues that the dealer would fix, no charge to us. He told us that they couldn't sell anything that wasn't in good working condition. So we traded in the 2010 Mustang for the Ford F250 (6.0L diesel) and I got $5000 back (truck was sold to me for $15,000) Dealer told me to bring in the title to my Mustang and sign the papers. I signed Retail Order & Odometer disclosure forms, gave them my Mustang keys & title. Was told I could pick up truck in a few days after they washed & fueled it. Picked up on Friday, told take it for the weekend, bring back & report any problems you find and we'll fix. We noticed over the weekend that it also had an oil leak. We took back the following week for repairs and told them it also had an oil leak. They sent the truck to the local Ford dealer for repairs. Ford ran checks and said it didn't pull any codes. They told my son they would just have to try different things until they fixed the problems. After about 15 days it was supposedly repaired, and Ford billed our dealer for over $2,000. We then waited for our dealership to fix the oil leak. They kept the vehicle for several days then notified us that we could come pick the vehicle up and that they would NOT be repairing the oil leak, which they said would cost $800. I went to the dealership and raised hell, told them several of their people promised this would be fixed at no expense to me. Was told "ok we want our customers to be happy, we will fix for you". Several days later they again call and say come pick it up we are not going to fix oil leak. I again go there and complain, and I am told by this new person I have never seen before that he is the one that "signed off" on the repairs they agreed to do at time of sale, and oil leak isn't included. They tell me I can trade in this "problem truck" (their words) or the best they can do is free labor if I pay $400 for the part. I reluctantly agree to pay $400 ;-(

Several days later they say truck is all fixed come pick it up. I demand to have copies of all work they and Ford have done to this truck. I receive paperwork and I'm told I have a year warranty on what has been fixed. The next day my son is driving truck to do errands and it dies/stalls 5 times while in traffic. He is damn near rear-ended. When it stalls you have no power steering and very little brakes. Son also noticed that AC is still not working worth a damn and that the previously working ports where you plug in music devices are now no longer working. When we go out to get in truck to return it we notice that it is still leaking oil too! None of the repairs fixed anything.

Truck is returned again for repairs. I examine the invoices that I had been given a few days before about the repairs. One is a pre-delivery invoice from the dealer showing some of the repairs they had already done before they put it up for sale. (replaced EGR cooler and oil cooler, one of the batteries, clutch, gasket, oil change w/filter and antifreeze) Total parts and labor $2,169.53. This invoice also says- Recommendations: left outer tie rod end loose, fuel filters, right battery, front brakes 15% left, oil leak, and cold stumble possible cam or crank. I'm assuming these are repairs that they knew it needed but they didn't do and didn't tell me about until I demanded to see service records on this truck.

The invoice they gave me from Ford says they did a used vehicle inspection, replaced AC cutoff switch & AC control head, replaced alternator with one battery, installed both AC switches. Total labor $350, total parts $185, total sublet $1,575.16 (<-What does this mean?)and total invoice $2,110.37

The invoice from the selling dealership for the oil leak repair says- leaking from IPR, replaced injector pressure regulator. Total invoice was $815.05 and they made me pay $400.

After looking at these invoices I started to search online about the stalling problem and found it is very common. I found that that 6.0L diesel is "believed to be plagued with serious and pervasive design and manufacturing defects that include faulty EGR valves/cooler failure, failure of injectors, failure of head gaskets, loss of engine power, engine coolant entering the engine&#8217;s ventilation system, and failure of oil cooler. The 6.0L Power Stroke diesel engine equipped vehicles are plagued with potentially faulty engines." Ford has known since 2004 of these problems and doesn't feel that the stalling presents an unreasonable risk to safety. Ford also told the Federal Government that they didn't plan to notify the media about the recall!!!

So bottom line is I bought a used vehicle which I wasn't aware at the time was supposed to have a Buyer's Guide posted on it. At no time was any type of warranty or lack there of discussed with me. I just had smiling salesmen tell me that everything would be taken care of, because of course "they couldn't sell me a vehicle that wasn't in good working order." I don't want this vehicle which has been in the shop since I bought it. I'm wondering if between the Used Car Rule (requirement of Buyer's Guide) and possibly UDAP, that I might be able to get the sale cancelled and get back the $15,000 I paid for this piece of crap?

Ashamed to have been so stupid and uninformed,
TexasCookie
 


OHRoadwarrior

Senior Member
Yes, the law requires a buyers Guide. That said, how do you prove a negative? Your buying a piece of crap, was because you failed to have an 8 year old truck inspected, prior to purchase. Their offering to repair some items does not create a blanket warranty. You should have researched the problems before buying.
 

TexasCookie

Junior Member
Yes, the law requires a buyers Guide. That said, how do you prove a negative? Your buying a piece of crap, was because you failed to have an 8 year old truck inspected, prior to purchase. Their offering to repair some items does not create a blanket warranty. You should have researched the problems before buying.
I realize my mistakes now. My question is about the lack of Buyer's Guide that is REQUIRED by law. I've read that they can be fined up to $16,000 for each vehicle that they fail to post the Buyer's Guide on. I'm asking for my $15,000 back, seems it would be better to reimburse me than face the legal action and fine. I've also read that they were supposed to give me a copy of the Buyer's Guide with "as is" clearly marked, other info including who I contact with a complaint, and my signature on it. Like I said there was no Buyer's Guide on the vehicle, they sure as hell didn't tell me the vehicle was sold "as is" or tell me of any warranty or lack there of. I did not sign on a Buyer's Guide form and they can't say I did because they don't have one with my signature.

Thanks anyway
 

OHRoadwarrior

Senior Member
You do not have proof they failed to provide one. They are not required to make you sign a form saying you received one. How is you expect to prove they did not?

Feel free to peruse the FTC site dealing with the Buyers Guide.

http://www.ftc.gov/bcp/guides/usedcar-comply.shtm
 

swalsh411

Senior Member
I realize it is Texas, but your 18 year old son did not need a Ford F250 Super Duty Crew Cab 6.0L diesel. What were you thinking? You should have purchased a 4 cylinder car, not a monsterous diesel pickup. Reliable, safe transportation and good fuel economy is all you need when you're 18. Heck it's all most people need period. And next time you buy a used car have it inspected by an independent mechanic. Verbal promises to "take care of it" mean nothing.

People often have money troubles because they make poor decisions and this is a perfect example.
 

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