Salvage issue

[lvl3]

What is the name of your state? CALIFORNIA.

Hello.

I want to know whether I screwed myself with the car I just bought or if the dealer is entitled to reinstate me for repair costs. I am looking for accurate legal advice if that can be had here.

Here's the situation:

I bought a Honda Accord with a salvaged title from EZ Auto Care in Madera, CA. EZ Auto Care bought it from Century 21 Insurance. I was told that the car was in a minor fender bender and that the only thing wrong with it was the front bumper (which they had replaced). I was straight out told that everything else on the car was in perfect condition. I signed a "makeshift" contract (which I have a copy of) which states that I assumed the car 'as is' and that the only thing that had been wrong with the car was the front bumper (which they replaced).

A few days after I had bought it I took it to a Honda dealer for an oil change. I was informed that the axel assembly (both) needed to be replaced and that the A/C condenser and radiator had been smashed and will leak at some point if they were not repaired.

All of these problems could not have been easily identified by a normal consumer such as myself. Identifying these problems would require substantial disassembly of the automobile.

Is there anyway I can request that the dealer reinstate me for the cost of repairs?

I'm not sure what applies here since I am not a lawyer.. but a few things I found:

Commerical Code Section 1203(b): Merchants must observe reasonable commericial standards of fair dealing in the trade, in addition to acting in good faith.

This seems to be saying that if the merchant fails to exercise good faith in performing a sales contract, he or she breaches this obligation and will be liable to the other party for this breach.

Also.. Revocation Code deals with revoking acceptance of goods. This can occur when a buyer accepts a good after reasonable inspection of the good but later finds a non-conformity.

As for the "as is" statement in the contract... it seems that is not an impenetrable shield for the dealer.

I quote: "'as is' does not disclaim fraud, and if the consumer was lied to, mislead, or not told of a material defect, the as is disclaimer does not shield the dealer".

I quote: "Vehicles sold 'as is' or subject to a Service Contract may fall within the Consumer Legal Remedies Act. The Act says that when a consumer buys a product, or pays for services, they should not be lied to. The Consumer Legal Remedies Act was intended by the to give consumers a remedy when a dealer does not tell the truth, or breaks the law to make the sale".

The way I see it.... I was FLAT OUT lied to by the associate who sold me the car. He repeated several times that the car was in perfect order. Hell, that wimpy contract (which I have a copy of) I signed doesn't mention anywhere that the A/C condenser (and discharge hose) and Radiator are smashed and need to be repaired or that the drive shafts need replacing. All it says is that the only thing that was wrong with the car was the front bumper.. which they repaired.

Regardless of whether the law is on my side or theirs.... they are lying scum and I hope they burn in hell.

Am I toast or is there hope?

Thank You.

 

[racer72]

All of these problems could not have been easily identified by a normal consumer such as myself. Identifying these problems would require substantial disassembly of the automobile.

A smart consumer knows that any used vehicle should be inspected by an independant mechanic prior to purchase. And wording to that effect is probably in every single post here in the Lemon Law forum. And that would be especially true of a vehicle that had been totalled by an insurance company.

Is there anyway I can request that the dealer reinstate me for the cost of repairs?

No. What do you think "as is" means? Also, ever hear the phrase "caveat emptor"?

The way I see it.... I was FLAT OUT lied to by the associate who sold me the car. He repeated several times that the car was in perfect order.

And was the person that sold you the car an auto mechanic or a car salesman? Whats junk to a mechanic is perfect to a salesperson.

Hell, that wimpy contract (which I have a copy of) I signed doesn't mention anywhere that the A/C condenser (and discharge hose) and Radiator are smashed and need to be repaired or that the drive shafts need replacing. All it says is that the only thing that was wrong with the car was the front bumper.. which they repaired.

They don't have to list any problems with a vehicle on a contract.

Regardless of whether the law is on my side or theirs.... they are lying scum and I hope they burn in hell.

Guess where lawyers that make the laws go?

Am I toast or is there hope?

Go give your toaster a hug, your closer than you think.

Thank You.

Your welcome.

 

[jpritchett81]

Tell me if I'm wrong but, I thought for a a vehicle to be considered salvage the wreck/damages had to more than just a fender bender.

 

[racer72]

Tell me if I'm wrong but, I thought for a a vehicle to be considered salvage the wreck/damages had to more than just a fender bender.

Ever price the fender for a 15 year old car worth a $1000? It will run up to $500. That's enough to scrap a car. A car doesn't have to be undriveable to be totalled, if the cost of repairs exceed 50% of the vehicles value, it will be totalled.

 

[BelizeBreeze]

Ever price the fender for a 15 year old car worth a $1000? It will run up to $500.

Try $2,378.19 without tax. And that's after searching for more than two months and I still have to ship the damn thing from Graz,Austria.

 

[jpritchett81]

Ever price the fender for a 15 year old car worth a $1000? It will run up to $500. That's enough to scrap a car. A car doesn't have to be undriveable to be totalled, if the cost of repairs exceed 50% of the vehicles value, it will be totalled.

Oh ok gotcha. I didn't even think of the year of the car. I was thinking he was referring to a late model like 95 and up or something.