USED VEHICLE ISSUES. Help please.

[kness124]

Baltimore, MD

Hello all.

I recently purchased a vehicle from a used car dealer (2007 Honda civic coupe). I have had the vehicle for just about over a month. I am now past the warranty (30 days or 1000 miles). I put just over 3k of miles on the vehicle when I started to have a major issue... Server knocking sound coming from the engine. I immediately had it towed to the place where I purchased it.

The owner of the dealer said the oil pump went out because I did not have the oil changed at 3k miles.. I found this extremely hard to believe (they also changed the oil before it was purchased). So I just went ahead and let him do the repairs. I put my car in the shop on a Monday 4-29-14 and I never once received a call giving me updates on the vehicle or what the cost would be. I called repeated asking for updates they gave me the run around time and time again. FINALLY I called and they said it was done and ready to be picked up 5-9-14 (11 days later..) I asked the mechanic what took so long and what exactly the issue was. He told me very hesitantly "we had to replace the engine." I could not believe my ears. They never once told me they planned on replacing the engine nor did they ever tell me they were actually doing this. I was told they were replacing the oil pump. That's it. I was very upset, so upset I took the car and told the owner I would come back tomorrow to discuss this issue.

Once home I decided to pop the hood and take a look. I noticed numbers written on the "new engine" - 93,475 which I am assuming is the mileage on the engine. I bought the car with 68k miles. This does not seem fair to me at all. I purchased a vehicle at what I thought was a decent price, now they diminished the value of the vehicle by putting an engine of higher mileage in it without my consent none the less. I feel cheated, shafted and just straight up lied to.

I am at a loss. Please help!

 

[justalayman]

Ok, since the warranty had expired, would you rather they simply told you to go away because they are not liable for anything?


while I understand the issue with the mileage, in the bigger picture, it wouldn't be worth a lot as a car with 71k miles on it and having a bad oil pump which could lead to a complete engine failure.

have you even researched to determine the difference in value between a car with 71k miles and 94k miles?

a very quick look, obviously without all the information needed to find an accurate price, suggests there is about $1500 difference in value. So, if you can find an engine with 71k miles or less and can have it put in for less than $1500, you will come out ahead, if you sold your car today. That difference in mileage becomes less and less important in valuing the car as the miles increase and it ages.


btw: the statement about you not changing the oil being the cause is total BS.

 

[kness124]

Ok, since the warranty had expired, would you rather they simply told you to go away because they are not liable for anything?


while I understand the issue with the mileage, in the bigger picture, it wouldn't be worth a lot as a car with 71k miles on it and having a bad oil pump which could lead to a complete engine failure.

have you even researched to determine the difference in value between a car with 71k miles and 94k miles?

a very quick look, obviously without all the information needed to find an accurate price, suggests there is about $1500 difference in value. So, if you can find an engine with 71k miles or less and can have it put in for less than $1500, you will come out ahead, if you sold your car today. That difference in mileage becomes less and less important in valuing the car as the miles increase and it ages.


btw: the statement about you not changing the oil being the cause is total BS.

I found the difference in value, It's around 1500 considering the mileage. While I appreciate the effort they made to correct the issue - my issue is the non-communication and doing a heart transplant on my vehicle and decreasing the value of the car. The owner said I owe him 400 dollars, which sounds like a "deal". I don't feel as though I owe him anything. They never had my consent to perform such extensive repairs not only that, they replaced the engine with higher mileage. He could have bought a brand new engine for around 1000 bucks and thrown it in which would have actually been worth this trouble.

Would it be legal to perform such repairs without consent? Do I actually owe him anything? What would you suggest?

 

[quincy]

... Would it be legal to perform such repairs without consent? Do I actually owe him anything? What would you suggest?

The following is a link to a Montgomery County site that provides not only a sample repair authorization form for mechanics but also the laws in Maryland that govern auto repairs:

http://www6.montgomerycountymd.gov/content/ocp/licensing/Motor_Vehicle_Forms/mv_repair_authorization_sample.pdf

And here is a link to Maryland's Attorney General website, Consumer Protection Division (note - the information provided is from 1999, so you may want to make sure all, including the phone number, is correct for 2014):

http://www.oag.state.md.us/consumer/edge77.htm

 

[justalayman]

He could have bought a brand new engine for around 1000 bucks and thrown it in which would have actually been worth this trouble.

worth his trouble? Not hardly. His could have sent you on your way and done nothing for you.


If you did not agree to pay anything, then he gets to eat the $400.

I really don't know what you are looking for. Your warranty had expired. He owed you nothing.

So tell him to put your old engine back in and go home with the severe knock in it. What are you expecting out of this?

 

[kness124]

I understand the warranty is expired. Currently I am on the side of the highway waiting for a tow truck because I lost power (when I stepped on the gas nothing.) and the vehicles ENGINE light is going crazy. He just swapped the engine. This is his doing I call him and he even tried to blame this issue on me and that I must be a "reckless driver" I am taking it back to him and we will have a few words. I am beginning to think this vehicle is a lemon.

 

[OHRoadwarrior]

Used cars have issues that are unpredictable in some cases. If you wanted a new car, you should have bought one.

 

[kness124]

Used cars have issues that are unpredictable in some cases. If you wanted a new car, you should have bought one.

That's easy to say given you have no insight in my life or aware of my current financial situation. I see you are a "senior" member. Must mean you have been handing out crummy advice for quite sometime now. Thank you captain hindsight, you made me see the light. I should have saved up more cash to purchase the 2014 model.

 

[Zigner]

That's easy to say given you have no insight in my life or aware of my current financial situation. I see you are a "senior" member. Must mean you have been handing out crummy advice for quite sometime now. Thank you captain hindsight, you made me see the light. I should have saved up more cash to purchase the 2014 model.

That was rude of you. You are here complaining about issues with a used car, but you should have known that used cars will have issues. Didn't you know that?

 

[kness124]

That was rude of you. You are here complaining about issues with a used car, but you should have known that used cars will have issues. Didn't you know that?

Clearly your reading comprehension is sub-par at best. I am fully aware that used cars have issues I was prepared to handle minor issues. The issue at hand now is the faulty swapped engine.. WITHOUT CONSENT TO SWAP IT. Read the thread before you chime in with advice that isn't worth the two cents.

 

[FlyingRon]

And again, you got a free engine (used/reconditioned) engine when they were not obliged to provide you any. There was no obligation for them to do anything for you let alone continuing to deal with every issue that comes up on your car. There is no requirement that the engine have less miles than the car. You have no civil claim.

If you want to be free of this, get the engine replaced at your expense by a repair facility that will offer you a warranty on that installation.

 

[quincy]

... I see you are a "senior" member. Must mean you have been handing out crummy advice for quite sometime now ...

I see you are a "junior member," kness124. Most of the new members who come to this site looking for help are more polite than you are.

Manners matter when you are asking for help - that is, if you expect to get any.

Did you look at the links that I provided to you, that outline the law?

 

[kness124]

I see you are a "junior member," kness124. Most of the new members who come to this site looking for help are more polite than you are.

Manners matter when you are asking for help - that is, if you expect to get any.

Did you look at the links that I provided to you, that outline the law?

Quicy,

I looked at the laws it seems as though the shop is not in compliance with any of the laws. I never received an authorization form or any notification they were doing a motor swap.

My only issue at this point is the current mileage on the engine vs odometer and the adjustment in price of the vehicle. It just does not seem fair that they can do that without my consent.
I have done some research apparently the current engine is a junk yard motor with god knows how many miles on it. I am waiting for the junk yard to call me back with more info.

They also fixed the car again.. I am no longer complaining they are literally doing the work for free. The guy is attempting to make it right which
is great.

Sorry for being rude.

 

[quincy]

Quicy,

I looked at the laws it seems as though the shop is not in compliance with any of the laws. I never received an authorization form or any notification they were doing a motor swap.

My only issue at this point is the current mileage on the engine vs odometer and the adjustment in price of the vehicle. It just does not seem fair that they can do that without my consent.
I have done some research apparently the current engine is a junk yard motor with god knows how many miles on it. I am waiting for the junk yard to call me back with more info.

They also fixed the car again.. I am no longer complaining they are literally doing the work for free. The guy is attempting to make it right which
is great.

Sorry for being rude.

I agree with you that it sounds as if the shop is not in compliance with the laws. I also agree with you that switching one engine with X amount of miles on it for an engine with more than X amount of miles on it is questionable practice, at best.

That said, if the guy is attempting to remedy the harm and repair your car, you are ahead of the game. You have not had to take any legal action, which benefits both you and the shop owner. Legal actions are costly, time-consuming, and there is never a guarantee in advance that the results will turn out the way you hope.

Thank you for your apology to the forum members. We try our best here to provide good and legally accurate advice. This advice often comes with our personal opinions - just because.

 

[FlyingRon]

It's not questionable at all. There is NO necessary correlation on mileages when you swap in a refurb or used part. Frankly, it's highly unusual that the mileage given to you on such a part. The poster obviously knew the engine swap happened, it was on his paperwork. Perhaps he should have been told in advance what was going on, but I doubt that this rises to any level of illegal practice and only the thinnest idea of a civil claim.