Used Car FULL of Problems

[mtlandis]

I live in Pennsylvania and I purchased a 1994 Jetta from a small dealer in my neighborhood for $1400. They gave me a 30 day 50/50 warranty on the transmission and engine.

While I was looking at the car I asked several times what was wrong with it. I was told other than exhaust work and needing a tune up - it was fine. The car had 224K miles on it but I was told both the engine and transmission had been rebuilt recently. While we were driving to the title place a buzzer and light came on. I refused to go any further with the sale unless they fixed that issue. The driver contacted the owner who assured me he would fix the issue for me. 3 days later I returned with the car so they could fix the issue. Their mechanic told me he had changed 2 sensors but if I had issues to bring it back. The next day I took the car to my mechanic for inspection. My mechanic did all the exhaust work, replaced 2 tires, did the inspection and the emmissions testing. All told about $750 worth of stuff. The next day I returned the car to the dealer as the buzzzer and light were going off again. He kept it over night and the next day. Late the next day he reported to me that he drove it all over and no buzzer. I drove the car for another week and a half when it started stalling on me. Also the buzzer and light started coming on. I called the dealer and he told me to take it to a VW Dealer. I took it to the VW dealer yesterday and got it back today. It needs some MAJOR work done to it to include a Transmission mount, transmission oil pan, 2 motor mounts, sepantine belt and parking brake cables. About $3000 worth of work. I am a single, working mother of 3. No way can I afford all that. My income tax refund barely covered the initial cost of the car and exhaust repairs.

I have owned the car for 3 weeks and have only had access to drive it less than 2. Before I go back to them, what rights do I have?


Edit: BTW - the light and buzzer were caused by having 2 quarts TOO MUCH oil in the car.

 

[JETX]

Before I go back to them, what rights do I have?

Unless you have their statements in writing, regrettably, you have little if any 'rights'.

The PA lemon law doesn't apply to used cars (unless they were already lemons, repurchased and then resold):
The Pennsylvania Lemon Law applies to new cars that suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that cannot be repaired after three attempts by an authorized manufacturer's dealership. This nonconformity must first occur within the first 12 months or 12,000 miles, whichever comes first. The Pennsylvania Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year.

Further, given the year and mileage, it is very unlikely that any consumer protections (implied warranty of merchantability, etc.) would apply.

 

[mtlandis]

Thank you for the answer. I was aware that it was not covered under the Lemon Law or the Magnuson-Moss Warranty Act. I may be reaching here but I thought I remembered reading something about an implied warranty. Specifically if the car was running when I purchased it and there was no disclosure of any major problems that I might have some rights in the first 30 days provided the damage was not caused by neglect, an accident after the purchase or an act of God.

It is VERY possible that I may have gotten some stuff mixed up. I work as a family advocate for families that have children with disabilities. I spend the bulk of my time on Special Education issues. I do a lot of research for that and may have tripped over something in reference to Special Education that got stored away in my brain. (I am not an attorney nor a paralegal.)

 

[mtlandis]

For anyone who is curious I found out a few important things....

1. The dealer who sold me the car failed to provide me with a buyer's guide (that paper that is usually stuck in the back side car window). According to the FCC this should be part of the sales record and include any warranty issued with the car.

2. In PA, an "As-Is" car must pass inspection unless problems are documented prior to sale.

3. Because the dealer gave me a warranty on the car, there is also an implied warranty that the car will be in similar shape to the average car of that make, model, age and price UNLESS problems were documented prior to sale.

4. If a car is "in the shop" for service during the warranty period, the end of the warrany is extended an equal number of days.

Here is an update on what has happened with my car....

I called the dealer twice and left messages both times. I also drove buy the lot a few times but could never seem to catch him there. I sent him a registered letter on Saturday. I worded the letter very professionally but made no threats. I outlined what had happened thus far (giving names & dates), attached the estimate from the VW dealer and suggested 3 courses of action. The first option was for the dealer to either fix it or pay for the repairs that were covered under warranty (the bulk of the work needed). I told him that if he chose to do the work at his shop I would return to the VW dealer for another diagnostic and expected this guy to pay for half that cost. The second option was to trade me for another car. This car I would take to my mechanic for a once over before I accepted the trade. I also told him that he would be responsible for the title transfer costs and the inspection costs. The last option was to return all my money to me - the cost of the car, taxes, title fees and the $750 I had to put into it to get it to pass inspection.

The letter was signed for yesterday but I heard nothing until this evening. The dealer called me and asked me which option I preferred. I told him that I just needed a car so I could work. He promised to trade cars with me and asked that I give him 2 weeks to find me a replacement. I allowed him the 2 weeks and asked him to stay in touch with me during that time. I told him that, for me, no news is bad news and I hate bad news.

I am keeping my fingers crossed that this all works out for me.

 

[ForFun]

Wow...good for you. Most dealers would have probably just blown you off. Good luck!

 

[Zigner]

3. Because the dealer gave me a warranty on the car, there is also an implied warranty that the car will be in similar shape to the average car of that make, model, age and price UNLESS problems were documented prior to sale.

I'm glad you have a *good* dealer that you're dealing with.
The problem you have is that all the items that you spent so much money on would be expected of a vehicle of that age and mileage. You can't buy a 13 year old car that had been driven 50% per year than "average" and expect to NOT have problems such as this. That is why it is so important to have YOUR mechanic look at the car prior to purchasing it.

 

[moburkes]

I'm glad you have a *good* dealer that you're dealing with.
The problem you have is that all the items that you spent so much money on would be expected of a vehicle of that age and mileage. You can't buy a 13 year old car that had been driven 50% per year than "average" and expect to NOT have problems such as this. That is why it is so important to have YOUR mechanic look at the car prior to purchasing it.

I also am glad that this worked out for her, and that she kept good notes. However, you are absolutely correct. OP did the WRONG thing when she bought this car. She had it checked out AFTER the purchase, instead of before. She expected a $1400, 15 year old car (made in 1993, this year '08s are being sold) to be a perfectly running vehicle.

 

[mtlandis]

No I did not expect it to be perfectly running. I did expect to put money into it. That is why I didn't balk at the $750 I spent to get it to pass inspection. What I balked at was the $3500 in repairs that the VW Dealer found - most of which were covered under the warranty issued by the dealer.

I have always owned used cars - most on their last legs. I understand that, for the most part, you get what you pay for. What I expected was that the car would get me from A to B with few if any major issues and I expected to be informed of any issues before hand so I could be prepared to deal with them.

It is very easy to say "Have your mechanic check things over for you". It is another in reality. My mechanic would charge me for it and I would have to wait in line. Had I taken it to the VW dealer first, they would have had it 2 days or more. Most dealers are not going to allow that.

What I expect from anyone I deal with is honesty and integrity. That is what I offer them and I expect the same in return. I am happy that this dealer appears to be willing to work with me. However, it is equally likely that he is feeling a bit intimidated and just wants me to go away.

 

[Zigner]

It is very easy to say "Have your mechanic check things over for you". It is another in reality. My mechanic would charge me for it and I would have to wait in line.

Charging for it is perfectly acceptable...$100 now would have saved you ALOT down the road.
As for "waiting in line"...you need to find a more accessible mechanic