Purchased a used car with undisclosed damage

[sandyclaus]

<SIGH>

I have addressed ALL of your issues/questions in my reply.

You acknowledged that your paperwork shows that the vehicle was sold "AS-IS", NO WARRANTY. So, your claim that the dealer told you there was no such thing as an "AS-IS" sale is obviously not true, or it wouldn't have been stated as such on the paperwork.

In addition:

• The problems you discovered could have easily been discovered during a pre-purchase inspection by your own private mechanic, had you thought to hire one.
• Sellers of used cars often tell lies about the vehicles in order to convince someone to buy their cars, counting on the unsuspecting buyer NOT to check the car out.
• As previously stated, Carfax is NOT always 100% accurate since not all people in accidents, nor the people who repair them, properly report the vehicle damage.

Yes, you got taken by an unscrupulous used car dealer, or maybe one that honestly did not know that the damage even existed. Yes, you bought the car with these obvious issues. And yes, they may be considered safety issues. But since you did not exercise your right and responsibility to have that car inspected to verify the information given to you by the dealer, you bought the vehicle "AS-IS", with NO WARRANTY.

Because you did that, you have absolutely NO recourse against the dealer.

 

[swalsh411]

How about the dealership's knowledge?Or the used car manager/appraiser who I told today should be fired for doing such a lousy job.Or the T/O manager who solidified the sale and to whom I also asked the same question.There is no way on God's green earth they missed this.It's strictly CYA at this point.

You shouldn't ever assume a dealership performed a thorough inspection on every used car, especially when the car is being sold as-is. Even if they say they did, you should have an independent mechanic perform another one. It's actually in their best interest to not know about a problem because then they can honestly say they had no knowledge.

Nothing you were told verbally counts anyway. The car was sold as-is. You have no recourse.

 

[You Are Guilty]

Purchased 3 months ago? Even if it wasn't an as-is sale, the dealer is going to claim you did all this damage after the sale.

 

[Adam G]

It has nothing to do with your warranty or lacktherof. It would be a consumer fraud claim, if anything. Check your contract to see if it mandates binding arbitration or you are allowed to file suit in court.

 

[ecmst12]

I don't know where you're getting fraud. The carfax showed no accidents and the SALESMAN had no way to know anything beyond that. He's not a mechanic and he didn't inspect the car. The buyer failed to perform due diligence and bought the car as-is.

 

[Adam G]

You're getting into evidentiary issues. None of us know what the salesman knows.

As a practical matter, the contract almost certainly precludes any sort of lawsuit in favor of binding arbitration. If that is the case, he is SOL.

No offense intended and this isn't directed at you specifically, but it's cases like these that show how little about the actual law that freeadvice collectively knows. An experienced commercial litigator would look to the state consumer fraud statue first and none of the posters here mentioned it.

 

[OHRoadwarrior]

You should have had the vehicle independently inspected prior to purchase.

 

[Zigner]

You're getting into evidentiary issues. None of us know what the salesman knows.

As a practical matter, the contract almost certainly precludes any sort of lawsuit in favor of binding arbitration. If that is the case, he is SOL.

No offense intended and this isn't directed at you specifically, but it's cases like these that show how little about the actual law that freeadvice collectively knows. An experienced commercial litigator would look to the state consumer fraud statue first and none of the posters here mentioned it.

 

[swalsh411]

You're getting into evidentiary issues. None of us know what the salesman knows.

As a practical matter, the contract almost certainly precludes any sort of lawsuit in favor of binding arbitration. If that is the case, he is SOL.

No offense intended and this isn't directed at you specifically, but it's cases like these that show how little about the actual law that freeadvice collectively knows. An experienced commercial litigator would look to the state consumer fraud statue first and none of the posters here mentioned it.

Apparently you don't understand what "as-is" means.

 

[Adam G]

You ever wonder why lawyers have to pass the Bar Exam? This is why.

 

[Adam G]

Apparently you don't understand what "as-is" means.

Why do you people have such a love affair with written releases?

The Superior Court affirmed Judge Temin's ruling, finding that Gary Barbera's Chryslerland breached the PA Automotive Trade Practices Regulation section 301.4 subsection 9. Despite the fact that the dealership sold the car "as is," they did not use the exact language specified in the statute. The Court ruled that the "as is " provision used by the dealership was insufficient to disclaim implied warranties under state law. Furthermore, the Court ruled that the dealership was solely responsible for misrepresenting the car's value and condition.

http://www.lemonlaw.com/unfairtrade.html

EDIT: "you people" meaning the board generally

 

[Zigner]

Why do you people have such a love affair with written releases?

The Superior Court affirmed Judge Temin's ruling, finding that Gary Barbera's Chryslerland breached the PA Automotive Trade Practices Regulation section 301.4 subsection 9. Despite the fact that the dealership sold the car "as is," they did not use the exact language specified in the statute. The Court ruled that the "as is " provision used by the dealership was insufficient to disclaim implied warranties under state law. Furthermore, the Court ruled that the dealership was solely responsible for misrepresenting the car's value and condition.

http://www.lemonlaw.com/unfairtrade.html

EDIT: "you people" meaning the board generally

Per your own cite, as-is can DEFINITELY mean as-is.

Please do try to keep up.

 

[Adam G]

Per your own cite, as-is can DEFINITELY mean as-is.

Please do try to keep up.

Zigner: doing his best to save face since 2005

 

[Zigner]

Wow, has it been that long?

 

[Adam G]

Wow, has it been that long?

Time flies, that's for sure.