Do I have any rights?

[jeanitta]

What is the name of your state? Missouri

I purchased a car approx. five months ago (used/as is) from a car dealer in the state of Illinios (I am a Missouri resident). I put a down payment of $500.00 down and financed the remainder ($4,897.00) through their company. They had a seven-day return policy so I was fortunate enough to get an appointment to take my car to AAA to have a diagnostic performed one day prior to the cut-off (7 day return policy). After my car was checked out I was not advised about any cylinder/engine problems. My car was constantly running hot, so I took it to the Saturn Dealer who advised me that my engine is running on three cylinders as opposed to four (basically I need a new engine). I advised the dealer where I purchased the car and was basically told that they would defer my payments, but that I really do not have any other recourse. I took the car to get it checked out so that I could be informed if there were any major problems, but now I am stuck making my monthly payments on a car that does not operate. I need to know if I have any rights?

 

[JETX]

And what did the 'inspecting' mechanic say when you asked them why they 'missed' the missing cylinder??
And EXACTLY how many days past the purchase did you notify the dealership in WRITING that you were exercising your right of rescinsion on the purchase agreement??

 

[jeanitta]

The diagnostic center (AAA) did not state any problems with cylinder missing or engine problems or the fact that I need to repair any of the items listed within a certain time frame. I had began going down the list of items from the dianostics two weeks after I had the diag performed. The Saturn Dealership (I did not purchase my car from them) determined that the engine needed to be replaced. I notified the used car dealer (where I purchased) the car of the engine problem the day that I was informed (verbal/via phone call) of the problem, which was about 3-4 months after purchase. After being advised on their standpoint, I then contacted the BBB who began mediation. After which I requested that they pay a percentage of a rebuilt engine, the dealer in turn stated that they will only defer my payments. At this point I am posting a message in an effort to find if I have any other means of action. As previously stated, I am still required to make monthly payments in a timely fashion.

 

[JETX]

If you didn't report this problem within the provided 7 days, then you have no real recourse. Especially considering you didn't do anything about it until 3-4 months AFTER the purchase (and even then with nothing in writing, they could simply say you NEVER contacted them).

If you can PROVE that the mechanic misdiagonosed the missing cylinder, you MIGHT have a claim against them.... but even the chance of that being successful is slim.

 

[adonahee]

Sounds like you're stuck with it.

Because AAA was the only diagnostic site to inspect your vehicle prior to the cut-off period, and they did not identify a problem at that time, the engine trouble could have developed soon after. You did not, however, mention how long in-between the AAA and the Saturn inspections - I'm assuming a month or two, right? (Since it took a few months to 'call' back to the used-car dealership.) You purchased the vehicle AS IS from a used car lot. It sounds like you're stuck with it.

 

[jeanitta]

That's basically what I needed to know. Thank you all very much for your response. I guess you live and your learn.