Used Car

What is the name of your state (only U.S. law)? GA but bought in AL
I bought a used 2000 Acura TL on Friday April 23, 2011. I realized on Sunday that the car was leaking oil. I had a mechanic look at it today and he said there was tape over the oil pan where it is leaking. I bought this car as is. Do I have any recourse in taking this car back and getting my money back. If they put tape over a leak there's no telling what else they've done. I don't want it.

so, the mechanic you hired to look at the car before the sale missed the tape?

latay0922 said:

What is the name of your state (only U.S. law)? GA but bought in AL
I bought a used 2000 Acura TL on Friday April 23, 2011. I realized on Sunday that the car was leaking oil. I had a mechanic look at it today and he said there was tape over the oil pan where it is leaking. I bought this car as is. Do I have any recourse in taking this car back and getting my money back. If they put tape over a leak there's no telling what else they've done. I don't want it.

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Let this be a lesson to you about AS-IS sales.

In most jurisdictions, used vehicle sales are considered AS-IS sales, unless the seller provides a WRITTEN warranty or guarantee of fitness or condition. That means it is the buyer's responsibility to ensure that the vehicle meets their needs and that it is mechanically sound PRIOR to completing the purchase. This is usually done by having the vehicle thoroughly inspected by a private mechanic to look for any issues with the vehicle, so that the buyer can know exactly what kind of condition it is in.

From your story, it appears you only took the vehicle to the mechanic a few days later when you discovered a problem with leaking oil yourself. You should have had the mechanic give the car a once-over BEFORE you purchased the vehicle, as the tape over the leaky oil pan would definitely have been found in that pre-purchase inspection, and you could have saved yourself a lot of trouble and money.

Because you failed to fully inspect the vehicle prior to purchase, you took the car AS-IS, exactly how you found it. The vehicle very likely has more problems, but since you could have known before you bought the car by having it inspected, there's nothing you can do about it. You have no recourse against the seller now.

Enjoy your new car.

Did you buy from a dealer or private party?

While the seller has no legal obligation to honor any requests, this does not mean they won't.

Never hurts to ask...

AmyS7779311 said:

Did you buy from a dealer or private party?

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Please explain why you think it matters.

Zigner said:

Please explain why you think it matters.

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In my experience, although both private sellers and dealers are looking to make a sale - it's the dealer who is looking for a return customer.

Incentive to make a possible future customer a happy customer today.

The exception may be the private seller who is actually a small time backyard dealer.

AmyS7779311 said:

In my experience, although both private sellers and dealers are looking to make a sale - it's the dealer who is looking for a return customer.

Incentive to make a possible future customer a happy customer today.

The exception may be the private seller who is actually a small time backyard dealer.

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Maybe so... But LEGALLY what is the relevance? That's what Zig is getting at... and it's NOT relevant to the discussion.

sandyclaus said:

Maybe so... But LEGALLY what is the relevance? That's what Zig is getting at... and it's NOT relevant to the discussion.

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You, and others, have informed OP that there is no legal recourse based on the fact that it is an as-is sale. I totally agree.

So, as it would seem, buyer is stuck with vehicle for now.

Why would it not be relevant to the discussion now to offer suggestions as to how OP can enjoy his/her new car?

I apologize if I have broken any * no non-legal opinion* rule that may be in place.

AmyS7779311 said:

You, and others, have informed OP that there is no legal recourse based on the fact that it is an as-is sale. I totally agree.

So, as it would seem, buyer is stuck with vehicle for now.

Why would it not be relevant to the discussion now to offer suggestions as to how OP can enjoy his/her new car?

I apologize if I have broken any * no non-legal opinion* rule that may be in place.

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I don't see how whether seller was a private party or dealer addresses that question either. But the buyer/OP as interested in a LEGAL response, as it appears the only solution they were looking for was returning the vehicle, which is clearly NOT an option here.

sandyclaus said:

I don't see how whether seller was a private party or dealer addresses that question either. But the buyer/OP as interested in a LEGAL response, as it appears the only solution they were looking for was returning the vehicle, which is clearly NOT an option here.

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I gave a bit of personal advice, after legal advice was thoroughly laid out by others.

Is there a rule where those responding must heed forethought?

Seems a bit rigid, given this forum is rife with non-relevant remark.

Is this my newbie hazing period?

AmyS7779311 said:

Is this my newbie hazing period?

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Pay no attention to those whose brain function is at or nearly at a non-functional state.

First, you asked a simple question (that has not been answered ~ seems like the OP has abandoned the thread or was satisfied with the answers provided) & I can see why you asked this question. But I have a functioning brain.

I took it back to the dealer and the tape was holding up heating pads because the car came from up north...I don't need those down here. But it is leaking oil and they are going to fix with no charge.

I'll keep that in mind, Johnny Mac.

Latay0922... Good to hear they are willing to work with you.

Think of it on the bright side and enjoy your 11 year old car.