Used vehicle purchased "as is", but recently found makeshift parts in the car...

[Ramz]

Used vehicle purchased "as is", but recently found makeshift parts in the car...

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

I bought a used vehicle from a local dealership. I signed a contract to purchase the vehicle "as is" being told that there was no damage whatsoever to the vehicle. I was told that the vehicle had been serviced at this particular dealership it's entire history ( ever since it was brand new) and that there were no damages, problems, or previous accidents with the vehicle.

Within the first thirty days of buying the car the check engine light came on. Every code that the car gave, I replaced parts. I've sunk over $1000 (into a $4000) car just to learn the exhaust system is the true cause of all the error messages. I was replacing an exhaust hose on the car today (while putting a new catalytic converter on the car) and I noticed something odd. It was a melted "part" and I had no idea what is was or even what it was supposed to be. I took it with me to an auto parts store. The associate and I could only guess that what that part was supposed to be was an exhaust hose that was made out of vacuum tubing. It was a cheap fix that wasn't meant to hold at all and it was melted and charred.

Do I have any legal ground to sue the dealership for intentionally cutting corners and putting makeshift parts into my car? I understand "as is" to mean in the condition it is in, but is there any law on my side since my car is obviously rigged with makeshift parts?

 

[OHRoadwarrior]

You have not proved they did anything. They may have a reasonable belief they serviced the car its entire life. They may have serviced dealer issues and no other factory dealer its entire life. Did you ask if they had an employee follow the former owner around 24/7 to make sure he or no one else touched it? When did the vehicle last pass inspection?

 

[Proserpina]

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

I bought a used vehicle from a local dealership. I signed a contract to purchase the vehicle "as is" being told that there was no damage whatsoever to the vehicle. I was told that the vehicle had been serviced at this particular dealership it's entire history ( ever since it was brand new) and that there were no damages, problems, or previous accidents with the vehicle.

Within the first thirty days of buying the car the check engine light came on. Every code that the car gave, I replaced parts. I've sunk over $1000 (into a $4000) car just to learn the exhaust system is the true cause of all the error messages. I was replacing an exhaust hose on the car today (while putting a new catalytic converter on the car) and I noticed something odd. It was a melted "part" and I had no idea what is was or even what it was supposed to be. I took it with me to an auto parts store. The associate and I could only guess that what that part was supposed to be was an exhaust hose that was made out of vacuum tubing. It was a cheap fix that wasn't meant to hold at all and it was melted and charred.

Do I have any legal ground to sue the dealership for intentionally cutting corners and putting makeshift parts into my car? I understand "as is" to mean in the condition it is in, but is there any law on my side since my car is obviously rigged with makeshift parts?

Did you ever take the car back to the dealer for repairs?

 

[OHRoadwarrior]

If they performed the annual inspection you might have some recourse.

§ 175.75. Exhaust systems.

(a) Condition of exhaust system. All components of the exhaust system shall be in safe operating condition as described in § 175.80 (relating to inspection procedure).

(b) Exhaust system requirements. A vehicle specified under this subchapter shall be constructed, equipped, maintained and operated to prevent engine exhaust gases from penetrating and collecting in any part of the vehicle occupied by the driver or a passenger, in addition to requirements of this title for an emission control system and smoke control for a diesel-powered vehicle.

(1) A vehicle specified under this subchapter shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system may not be equipped with a cutout, bypass or similar device and a muffler may not show evidence of external repair.

(2) The exhaust system of a vehicle may not be modified in a manner which will amplify or increase noise emitted by the motor of a vehicle above the maximum level permitted by Chapter 157 (relating to established sound levels).

(3) Headers and side exhaust are permitted if the vehicle meets the requirements of this section.

(4) An exposed exhaust system shall be equipped with an adequate heat shield or protective system.

(5) An exhaust system shall extend and discharge completely to the outside edge of the vehicle body, including a truck bed, or as originally designed.

(6) A firefighting vehicle is exempt from regulations concerning exhaust systems, mufflers and noise control.

(6) Inspect exhaust system and reject if one or more of the following apply:

(i) The vehicle has no muffler or muffler has external repair.

(ii) There are loose or leaking joints.

(iii) There are holes, cracks or leaking seams in exhaust system.

(iv) There is a muffler cutout or similar device.

(v) Part of the exhaust system passes through the occupant compartment.

(vi) The elements are not securely fastened with proper clamps and hangers.

(vii) The exposed exhaust system does not have adequate heat shield or protective system.

(viii) The exhaust does not discharge to the outside edge of the vehicle body, including a truck bed, or as originally designed.

 

[sandyclaus]

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

I bought a used vehicle from a local dealership. I signed a contract to purchase the vehicle "as is" being told that there was no damage whatsoever to the vehicle. I was told that the vehicle had been serviced at this particular dealership it's entire history ( ever since it was brand new) and that there were no damages, problems, or previous accidents with the vehicle.

Within the first thirty days of buying the car the check engine light came on. Every code that the car gave, I replaced parts. I've sunk over $1000 (into a $4000) car just to learn the exhaust system is the true cause of all the error messages. I was replacing an exhaust hose on the car today (while putting a new catalytic converter on the car) and I noticed something odd. It was a melted "part" and I had no idea what is was or even what it was supposed to be. I took it with me to an auto parts store. The associate and I could only guess that what that part was supposed to be was an exhaust hose that was made out of vacuum tubing. It was a cheap fix that wasn't meant to hold at all and it was melted and charred.

Do I have any legal ground to sue the dealership for intentionally cutting corners and putting makeshift parts into my car? I understand "as is" to mean in the condition it is in, but is there any law on my side since my car is obviously rigged with makeshift parts?

What did your private mechanic say about the condition of the vehicle when you had it inspected prior to purchase?

The term "AS IS" means just that - that the vehicle comes to you as you find it, with no written warranty or guarantee or warranty of condition. Because used car salespeople have a bad reputation of saying anything in order to make that sale, you cannot honestly take anything they say and use that against them. The problem is that if they aren't willing to back up what they say in writing, it's pretty difficult to enforce verbal promises. It is for that reason that anyone considering the purchase of ANY used vehicle is always recommended to have their own private mechanic do a complete inspection of that vehicle to check for both mechanical, structural, or cosmetic issues which could affect the performance, longevity, and value of that vehicle. By doing that, you get an unbiased opinion of the actual condition of that vehicle, and whether or not the asking price is fair and appropriate.

As has been suggested, if the dealership really did do all the repairs and maintenance of the vehicle for its entire life, then they should have been able to provide you with documentation to backup their claims. While they say they did the repairs, that's no guarantee of the QUALITY of the repairs, nor of the parts they used to effect those repairs. They should also be able to produce an annual inspection report that shows that the vehicle passed all of its state emissions standards. If you can get those repair records and inspection reports, and what they are claiming doesn't match up with what you found in the vehicle when you started having problems, then you MIGHT have some recourse. Otherwise, AS IS means just that - you bought the vehicle as you found it, along with any problems that you failed to discover prior to completing that sale, and with no recourse against the dealership.

 

[OHRoadwarrior]

His other problem is even if he was defrauded by a fake inspection, he is only entitled to the hose piece replacement part. Nothing he indicated says the cat converter was obviously malfunctioning or had engine codes at purchase. Parts changing is on him.