Automobile Dealership Responsibilities

[Donna Hartzell]

I recently bought a car from a local dealer. At the time of purchase - after my test drive - I reported what I thought to be the only problems with the car - I wanted taken care of - before I purchased the car. One of the major selling points was the ability to manually change to "all wheel drive" through utilization of a button on the shifter.

I read the manufacturer's manual and it recommended NOT engaging the AWD unless certain conditions were occuring, i.e.; snow, stuck in mud, freezing rain, etc. These elements were non existant (in June 2000) when I bought the car but I did voice my concerns that I hadn't tested the option - and the saleman said they (the dealership) goes over the cars and it would have been noted if the car didn't have it. I took him at his word.

Now - I've had the opportunity to utilize that option and it doesn't work! When I called the dealership they said the 30 day warrantee (or 1,000 miles) had passed and they are not responsible. I bought this car in good faith - and now one of the major components (& reasons I bought this car) doesn't perform. What can I do about this - I couldn't test the option (manufacturer recommended) until after that timeframe has passed!? Help - any information and/or direction will be greatly appreciated. I am a single female on a limited budget. I bought this car because of NEED not Recreation. I travel 90 miles a day (round trip) to work, 5 days a week in Maine weather.

 

[I AM ALWAYS LIABLE]

I recently bought a car from a local dealer. At the time of purchase - after my test drive - I reported what I thought to be the only problems with the car - I wanted taken care of - before I purchased the car. One of the major selling points was the ability to manually change to "all wheel drive" through utilization of a button on the shifter.

I read the manufacturer's manual and it recommended NOT engaging the AWD unless certain conditions were occuring, i.e.; snow, stuck in mud, freezing rain, etc. These elements were non existant (in June 2000) when I bought the car but I did voice my concerns that I hadn't tested the option - and the saleman said they (the dealership) goes over the cars and it would have been noted if the car didn't have it. I took him at his word.

Now - I've had the opportunity to utilize that option and it doesn't work! When I called the dealership they said the 30 day warrantee (or 1,000 miles) had passed and they are not responsible. I bought this car in good faith - and now one of the major components (& reasons I bought this car) doesn't perform. What can I do about this - I couldn't test the option (manufacturer recommended) until after that timeframe has passed!? Help - any information and/or direction will be greatly appreciated. I am a single female on a limited budget. I bought this car because of NEED not Recreation. I travel 90 miles a day (round trip) to work, 5 days a week in Maine weather.

My response:

While you can certainly take your chances in Small Claims court, it will be difficult for you to win, on two basic defenses to your potential action:

1. Your contract with the dealership clearly states that oral promises, guarantees, warrantys or agreements are not enforceable; that all such promises, etc., must be in writing within the written contract itself.

2. You had an opportunity to have the vehicle inspected by your own mechanic and failed to do so. All you had to do was ask and, if the dealership said no, you could have gone someplace else to buy a vehicle.

You bought the vehicle "As-Is" and "Where-Is".

IAAL