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A case of misrepresentation?

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

First, thank you for reading and consideration of this post.

Can a used car dealership (an LLC) be held legally responsible for claims made on their website pages?

On Feb 4th, I purchased a used vehicle from a used car dealer. I gave a down payment of half the purchase price and financed the other half through a dealer found company. I also have a 2 yr warranty on this vehicle.

The vehicle broke down with major engine problems (heads and main seal) just 38 hrs after arriving home with it.

On the dealers website they list this vehicle as "absolutely flawless", and "this vehicle needs nothing". They also claim that their cars are certified to become part of their inventory. He also made an oral statement upon purchase, that he is responsible for anything that happens within the first 30 days.

The dealer made two attempts to remedy the situation, but many problems still exist. They kept my vehicle the first time for a week, in which it broke down 2 days after I got it back. The second time, he kept putting me off, claiming that he couldn't get it in for work for nearly two weeks. Every other day I called.. he would tell me that they would get to it the next day.

Finally, on day 31 of my purchase... he called me and told me to go use the warranty in my town. After much heated conversation where I reminded him of his 30 day promises, he agreed to take the vehicle back in. He kept it for almost an entire month.

I got the vehicle back last week with half of the problems corrected and was refused paperwork telling me what they did fix. The owner told me that he legally could not give me paperwork, but that he would tell me what was done and I could write it down afterwards. After questioning him about this, he told me that he was done dealing with me and would not fix the things promised or give me any more information of paperwork in regards to work done.

I would like to pursue this legally, with regards to a possible case of misrepresentation of the vehicles worth, and to hold the business responsible for the 30 day good faith promises.

Do I have good grounds for a case?

Thank you so much......
 


BL

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

First, thank you for reading and consideration of this post.

Can a used car dealership (an LLC) be held legally responsible for claims made on their website pages?

On Feb 4th, I purchased a used vehicle from a used car dealer. I gave a down payment of half the purchase price and financed the other half through a dealer found company. I also have a 2 yr warranty on this vehicle.

The vehicle broke down with major engine problems (heads and main seal) just 38 hrs after arriving home with it.

On the dealers website they list this vehicle as "absolutely flawless", and "this vehicle needs nothing". They also claim that their cars are certified to become part of their inventory. He also made an oral statement upon purchase, that he is responsible for anything that happens within the first 30 days.

The dealer made two attempts to remedy the situation, but many problems still exist. They kept my vehicle the first time for a week, in which it broke down 2 days after I got it back. The second time, he kept putting me off, claiming that he couldn't get it in for work for nearly two weeks. Every other day I called.. he would tell me that they would get to it the next day.

Finally, on day 31 of my purchase... he called me and told me to go use the warranty in my town. After much heated conversation where I reminded him of his 30 day promises, he agreed to take the vehicle back in. He kept it for almost an entire month.

I got the vehicle back last week with half of the problems corrected and was refused paperwork telling me what they did fix. The owner told me that he legally could not give me paperwork, but that he would tell me what was done and I could write it down afterwards. After questioning him about this, he told me that he was done dealing with me and would not fix the things promised or give me any more information of paperwork in regards to work done.

I would like to pursue this legally, with regards to a possible case of misrepresentation of the vehicles worth, and to hold the business responsible for the 30 day good faith promises.

Do I have good grounds for a case?

Thank you so much......
Did he write the repairs done down on paper and give it to you ?

What issues still exist that you believe should be repaired under the 30 day warranty ?

What exactly does it cover ?

What does your two year warranty cover ?

Is there a deductible ?

Do you really think a used auto comes flawless ?

Depending on what was repaired and what needs to be repaired and if the issues are covered by warranty , possibly or possibly not you would have a legal claim .

If no one was at the shop to preform necessary repairs under warranty for a long period of time you could make the argument the warranty should be 30 days that they are available ,but you've been told they are done with you .

Just to add , Did they follow State guidelines during or prior to the Sale ?

Check to see what those guidelines are .
 
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Zigner

Senior Member, Non-Attorney
Did the mechanic you hired to inspect the vehicle notice any problems with the engine?

If not, then why would you expect the dealership to have noticed it?
If the mechanic DID notice problems, why did you buy the car.

If you didn't have it inspected by your own mechanic, why not?
 
Did he write the repairs done down on paper and give it to you ?

What issues still exist that you believe should be repaired under the 30 day warranty ?

What exactly does it cover ?

What does your two year warranty cover ?

Is there a deductible ?

Do you really think a used auto comes flawless ?

Depending on what was repaired and what needs to be repaired and if the issues are covered by warranty , possibly or possibly not you would have a legal claim .

If no one was at the shop to preform necessary repairs under warranty for a long period of time you could make the argument the warranty should be 30 days that they are available ,but you've been told they are done with you .

Just to add , Did they follow State guidelines during or prior to the Sale ?

Check to see what those guidelines are .

Thank you for responding.


1. no he did not

2. The 30-day I spoke of is/was a 30 day oral promise that was made at time of purchase and not in writing. I know this may not be provable in court.

Some of the things that were found upon inspection include: struts and faulty mounts, passenger side inner and outer tie-rod, gas gauge reading 1/8th tank off, and many other smaller things he promised to replace the first time he took the vehicle in. Of course, he would never write anything down and does not give paperwork for either time he took it in

3. The 30 day made by owner or the purchased warranty? The owners made an oral statement at time of purchase that he would fix anything that arose during that period.

4. The two year warranty is very limited. Not to mention he told us that the loan could not be secured without a one year warranty purchase, so said loan company. As good faith he told us that he would throw in another year of warranty. When we called the loan company last week they told us that they do not require this at all.

5. There is/was a deductible of 100.00. When the dealer/owner took the car in the second time, he told us that he used the warranty and upon an earlier agreement, he paid the deductible. I called the loan company and they have not yet recieved anything from his company regarding the repairs supposedly done.

6. No, i don't think a used auto comes flawless. I do believe that there is an implication, on the dealers behalf, that their vehicles are not ridled with major oil leaks and faulty tie-rods.

7. Of which state guidelines are you asking? One note... I believe that dealers are supposed to provide a buyers guide at time of purchase. He did not.


I certainly am not the most savvy of car consumers, nor did I know all the laws at the time of purchase. I do believe that I should have recieved a vehicle that was operable without major engine flaw. The dealer claims to have his vehicles certified and claims they (used cars) are of the highest quality. Wouldn't he have noticed this major leakage upon certification with a qualified mechanic?

On a brighter note, my other vehicle, a 16 year old Chyrsler, is running like a champ! :D

Thanks for answering! You have been very helpful!
 
Did he write the repairs done down on paper and give it to you ?

What issues still exist that you believe should be repaired under the 30 day warranty ?

What exactly does it cover ?

What does your two year warranty cover ?

Is there a deductible ?

Do you really think a used auto comes flawless ?

Depending on what was repaired and what needs to be repaired and if the issues are covered by warranty , possibly or possibly not you would have a legal claim .

If no one was at the shop to preform necessary repairs under warranty for a long period of time you could make the argument the warranty should be 30 days that they are available ,but you've been told they are done with you .

Just to add , Did they follow State guidelines during or prior to the Sale ?

Check to see what those guidelines are .

Thank you for responding.


1. no he did not

2. The 30-day I spoke of is/was a 30 day oral promise that was made at time of purchase and not in writing. I know this may not be provable in court.

Some of the things that were found upon inspection include: struts and faulty mounts, passenger side inner and outer tie-rod, gas gauge reading 1/8th tank off, and many other smaller things he promised to replace the first time he took the vehicle in. Of course, he would never write anything down and does not give paperwork for either time he took it in

3. The 30 day made by owner or the purchased warranty? The owners made an oral statement at time of purchase that he would fix anything that arose during that period.

4. The two year warranty is very limited. Not to mention he told us that the loan could not be secured without a one year warranty purchase, so said loan company. As good faith he told us that he would throw in another year of warranty. When we called the loan company last week they told us that they do not require this at all.

5. There is/was a deductible of 100.00. When the dealer/owner took the car in the second time, he told us that he used the warranty and upon an earlier agreement, he paid the deductible. I called the loan company and they have not yet recieved anything from his company regarding the repairs supposedly done.

6. No, i don't think a used auto comes flawless. I do believe that there is an implication, on the dealers behalf, that their vehicles are not ridled with major oil leaks and faulty tie-rods.

7. Of which state guidelines are you asking? One note... I believe that dealers are supposed to provide a buyers guide at time of purchase. He did not.


I certainly am not the most savvy of car consumers, nor did I know all the laws at the time of purchase. I do believe that I should have recieved a vehicle that was operable without major engine flaw. The dealer claims to have his vehicles certified and claims they (used cars) are of the highest quality. Wouldn't he have noticed this major leakage upon certification with a qualified mechanic?

On a brighter note, my other vehicle, a 16 year old Chyrsler, is running like a champ! :D

Thanks for answering! You have been very helpful!
 
Did the mechanic you hired to inspect the vehicle notice any problems with the engine?

If not, then why would you expect the dealership to have noticed it?
If the mechanic DID notice problems, why did you buy the car.

If you didn't have it inspected by your own mechanic, why not?
The dealership claimed (which is still on their home web page) their cars go through an extensive mechanical check up and are certified.

I did not have the vehicle inspected before the purchase. (yes, and i'm still kicking myself for that) The dealer is more than two hours away and it was a day after the big snowstorm of the season. Believe me, I have learned the lesson on that the hard way.

When the vehicle broke down 38 hrs later, I took it to two different mechanics who inspected it and the two found identical problems.
 

BL

Senior Member
Thank you for responding.


1. no he did not

2. The 30-day I spoke of is/was a 30 day oral promise that was made at time of purchase and not in writing. I know this may not be provable in court.

Some of the things that were found upon inspection include: struts and faulty mounts, passenger side inner and outer tie-rod, gas gauge reading 1/8th tank off, and many other smaller things he promised to replace the first time he took the vehicle in. Of course, he would never write anything down and does not give paperwork for either time he took it in

3. The 30 day made by owner or the purchased warranty? The owners made an oral statement at time of purchase that he would fix anything that arose during that period.

4. The two year warranty is very limited. Not to mention he told us that the loan could not be secured without a one year warranty purchase, so said loan company. As good faith he told us that he would throw in another year of warranty. When we called the loan company last week they told us that they do not require this at all.

5. There is/was a deductible of 100.00. When the dealer/owner took the car in the second time, he told us that he used the warranty and upon an earlier agreement, he paid the deductible. I called the loan company and they have not yet recieved anything from his company regarding the repairs supposedly done.

6. No, i don't think a used auto comes flawless. I do believe that there is an implication, on the dealers behalf, that their vehicles are not ridled with major oil leaks and faulty tie-rods.

7. Of which state guidelines are you asking? One note... I believe that dealers are supposed to provide a buyers guide at time of purchase. He did not.


I certainly am not the most savvy of car consumers, nor did I know all the laws at the time of purchase. I do believe that I should have recieved a vehicle that was operable without major engine flaw. The dealer claims to have his vehicles certified and claims they (used cars) are of the highest quality. Wouldn't he have noticed this major leakage upon certification with a qualified mechanic?

On a brighter note, my other vehicle, a 16 year old Chyrsler, is running like a champ! :D

Thanks for answering! You have been very helpful!
Contact your State's DMV safety inspections .

Ask them everything you need to know about your right on buying a Used Auto from a Dealer and the dealers duties in selling used cars . Describe your issues and ask if there is a complaint procedure .

In My State I had made a complaint on a Used car purchased from a dealer .

DMV took the dealer to a hearing that I attended . I could have ask the hearing officer to decide any monetary compensations ,but since I had already filed small claims I could not .

Check with your State's DMV .

BTW , I didn't have a mechanic check it out before purchase ,and I was awarded the cost of repairs for safety issues in small claims court.
 
Update:

"Manager" from dealership is "no longer with company", and the company is in big trouble. Employees have been fired, the finance office is a mess, paperwork has not been filed,and I am not the only person seeking litigation, so I've been told by the owner, who had to come in and clean up after the manager. I spoke to both the office gal, and the salesman who sold to me, and both of them told me the owner came in and fired everyone but them.

Also, when I called the independant repair company that the dealership uses, to try to get paperwork from the work they did, they told me that the owner of the dealership is no longer using their services.

The owner is not honoring any of the managers promises, and is sticking his head in the sand regarding complaints. He told me that I wasn't the only one, but said since he was not around, he doesn't know the specifics and so will not respond. :rolleyes:

Sounds like a great time to go to court. Get 'em while they're frazzled and loading up with lawsuits.
 
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