What to do, used car misrepresented.

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

My father purchased a used 2000 volvo xc70 on 12/23/10. I noticed that the rear wheels slipped in the snow and had the car taken to a volvo dealer for service. They indicated that the entire powertrain was from a different model and that the all wheel drive components had been removed. I think he was scammed but he believes he has no recourse. Regardless of having purchased the vehicle "as-is", I believe that the dealer sold him a vehicle that was falsely presented as a xc70 when it is not. Please let me know your thoughts.

kfox66 said:

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

My father purchased a used 2000 volvo xc70 on 12/23/10. I noticed that the rear wheels slipped in the snow and had the car taken to a volvo dealer for service. They indicated that the entire powertrain was from a different model and that the all wheel drive components had been removed. I think he was scammed but he believes he has no recourse. Regardless of having purchased the vehicle "as-is", I believe that the dealer sold him a vehicle that was falsely presented as a xc70 when it is not. Please let me know your thoughts.

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Did your dad have his own mechanic look over the vehicle before purchasing it? Was there any written warranty or guarantee provided with the vehicle at the time of sale?

When a vehicle is sold AS-IS, the buyer is responsible for ensuring that the vehicle is exactly as it is being represented. The only way to do that is to have an independent mechanic look it over, to verify the vehicle's condition and note any issues or discrepancies. Only then can one be sure of exactly what they are dealing with in order to make an informed buying decision.

Unfortunately, a lot of auto dealers either lie or misrepresent the vehicle's mechanical condition in order to make that sale. The only way to protect yourself is to arm yourself with information obtained through that mechanical inspection. The mechanic could also have verified that the vehicle was indeed an XC70 and that the powertrain was working properly. No mechanical inspection, and you truly are buying the vehicle AS-IS, exactly as you find it.

I agree with your father. He made the mistake of not getting the vehicle checked out before buying it. Since it was an AS-IS sale, there is no way to prove exactly what the dealer did or didn't say with absolute certainty. And without proof of alleged misrepresentation, there would be no recourse against the dealer.

Tell your dad to enjoy the new car.

kfox66 said:

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

My father purchased a used 2000 volvo xc70 on 12/23/10. I noticed that the rear wheels slipped in the snow and had the car taken to a volvo dealer for service. They indicated that the entire powertrain was from a different model and that the all wheel drive components had been removed. I think he was scammed but he believes he has no recourse. Regardless of having purchased the vehicle "as-is", I believe that the dealer sold him a vehicle that was falsely presented as a xc70 when it is not. Please let me know your thoughts.

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Listen to your father.

The next step

Thanks sandy,
The car is not roadworthy and has been parked since purchase. Since he knows it's unsafe and not what it is badged to be he cannot ethically sell it for anywhere near its purchase price.
Fortunately he does own the property adjacent to the car lot he purchased it from. I intend to park the car next to the lot with a large sign explaining the deception for all potential buyers to be warned. I have also contacted the VA auto dealers association.

kfox66 said:

Thanks sandy,
The car is not roadworthy and has been parked since purchase. Since he knows it's unsafe and not what it is badged to be he cannot ethically sell it for anywhere near its purchase price.
Fortunately he does own the property adjacent to the car lot he purchased it from. I intend to park the car next to the lot with a large sign explaining the deception for all potential buyers to be warned. I have also contacted the VA auto dealers association.

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I wouldn't recommend putting up that sign. You have no solid proof that the used car dealer even knew that the powertrain was from a different vehicle. They may not have realized it themselves. And like I said before, this whole situation could have been avoided had your dad just had that car looked over by a mechanic first. No problems, no issues, because he probably wouldn't have bought it in the first place had he realized what he was dealing with.

If you put up a sign that maligns the dealer, you could end up facing a lawsuit for defamation yourself. If you choose to put it up, you do so at your own risk.