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  1. #1
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    Nov 2017
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    Unknowingly bought used car that had engine replaced, voiding manufacturer's warranty

    I live in Virginia. I bought a car from a used car dealership less than a month ago. It is a 2016, had less than 7,000 miles, and it came with the manufacturer's warranty: powertrain 5 years or 60,000 miles. Had to take it into the dealership for repair. They discovered the engine had been swapped from a 2013 model, which was done poorly since it caused the damage for which it needed repair. They didn't even know it was an older engine until they ran the engine serial number. So, the dealership would not do the repair under warranty since it is not the same engine that is under warranty. Carfax showed nothing about that; clean title, no accidents, no total loss/salvage, etc. The dealership I bought it from claims they knew nothing about it. I would not have bought that car if I knew it had an older engine and that the warranty would have been useless. The dealership I bought it from advertised the car as having the manufacturer's powertrain warranty. Who knows who replaced the engine or why, or what problems this could lead to in the future. I asked the dealership I bought it from if they would do the repair and provide me with a similar warranty. They said they have talk to some people and get back to me. If they say no, do I have any legal options?


  2. #2
    Join Date
    May 2004
    Posts
    76,817
    Quote Originally Posted by Usedcarbuyer View Post
    I live in Virginia. I bought a car from a used car dealership less than a month ago. It is a 2016, had less than 7,000 miles, and it came with the manufacturer's warranty: powertrain 5 years or 60,000 miles. Had to take it into the dealership for repair. They discovered the engine had been swapped from a 2013 model, which was done poorly since it caused the damage for which it needed repair. They didn't even know it was an older engine until they ran the engine serial number. So, the dealership would not do the repair under warranty since it is not the same engine that is under warranty. Carfax showed nothing about that; clean title, no accidents, no total loss/salvage, etc. The dealership I bought it from claims they knew nothing about it. I would not have bought that car if I knew it had an older engine and that the warranty would have been useless. The dealership I bought it from advertised the car as having the manufacturer's powertrain warranty. Who knows who replaced the engine or why, or what problems this could lead to in the future. I asked the dealership I bought it from if they would do the repair and provide me with a similar warranty. They said they have talk to some people and get back to me. If they say no, do I have any legal options?
    Its time to get an attorney involved. A 2016 used car with only 7000 miles on it is practically a new car. The fact that it has a 4 year old engine in it smacks of serious fraud.


  3. #3
    Join Date
    Apr 2009
    Posts
    5,576
    Quote Originally Posted by Usedcarbuyer View Post
    I live in Virginia. I bought a car from a used car dealership less than a month ago. It is a 2016, had less than 7,000 miles, and it came with the manufacturer's warranty: powertrain 5 years or 60,000 miles. Had to take it into the dealership for repair. They discovered the engine had been swapped from a 2013 model, which was done poorly since it caused the damage for which it needed repair. They didn't even know it was an older engine until they ran the engine serial number. So, the dealership would not do the repair under warranty since it is not the same engine that is under warranty. Carfax showed nothing about that; clean title, no accidents, no total loss/salvage, etc. The dealership I bought it from claims they knew nothing about it. I would not have bought that car if I knew it had an older engine and that the warranty would have been useless. The dealership I bought it from advertised the car as having the manufacturer's powertrain warranty. Who knows who replaced the engine or why, or what problems this could lead to in the future. I asked the dealership I bought it from if they would do the repair and provide me with a similar warranty. They said they have talk to some people and get back to me. If they say no, do I have any legal options?
    You would settle for a "used car dealership's extended warranty" in substitute of one by the manufacturer? Not me! No way! The guy could be out of business before the ink dried.

    What I think is that that you have a viable cause of action to unwind the sale grounded in failure of consideration and mutual mistake, if not out right fraud.

    It seems to me that the dealership is in a Catch-22. It either admits there was failure of consideration because of a material mutual mistake permitting you to rescind the sale. Or it must admit that it sold you a low mileage vehicle knowing that the engine had been replaced thus voiding the manufacturer's warranty permitting rescission because of nondisclosure of material facts.

    I think the dealer knows you have them on the ropes and that is why the hum and hawing. Talk to your attorney.


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