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Suing a dealership for knowingly selling a bad car?
I bought this van back in February of this year, 2012. It's a 2000 so it's not too old. I bought it for almost 4,000 and before any paperwork was filled out and also during and after, all the way up until we actually left the lot, we asked them multiple times if there was anything wrong with it. They kept telling us again and again that nothing was wrong besides minor things like windshield wiper switch only works on high, things like that. Well, we test drove it and everything, nothing seemed to be wrong. (I'm assuming they doctored it up). We bought it about a half hour before they closed for the weekend. We went home after we got our 30day tags and went to leave the house to go grocery shopping about 2 hours later and we live in a complex, so it's a parking lot. We went to reverse and there was no reverse. We took it to a transmission place to see what was wrong because it could have been as simple as just a filter, but they said we needed a whole new transmission. We called the dealership to let them know, in a not so nice way, that they lied to us and it's not just minor stuff but a whole NEW transmission! We asked them politely to help out with the cost since we hadn't even had it for 24 hours so there is absolutely NO way anyone would have been able to ruin a transmission in that short of time. They said, "we're not giving you a dime. You bought it as is" My husband said, 'we asked you if anything was wrong with it multiple times and you kept telling us no. We only had it for about 3 hours when the tranny went out" they said 'too bad. you're sol'. (We DO have the quote from the transmission place the very next day after purchase, showing it needed a new transmission and we also have the 'as is' paper from the dealership which says there was nothing majorly wrong with it). My grandma was nice enough to buy me a new transmission, which I still owe her for, and we had it put in. It sat around not being touched for a few months... I just got my van back with a new transmission last month, June. It recently started overheating. We replaced the water pump, the thermostat and the sensor. We also need to replace the EGR valve soon, as it's really requiring it. It's not really something we can put off. We already bought that, just haven't been able to replace it. After replacing all that, along with all the money for all the fluid, the clamps, and the tubes, and whatever else was needed, we put a lot more money into it than we should have at all. We took the van to an automotive place or whatever and they said it's a leaking head gasket, but they didn't know which one so we'd have to replace both, which will cost about 1800. All in all, I was just wondering since I had worked on it and everything, if I can still sue them at all. If I would have known I was going to be putting this much money into it, I would NOT have paid almost 4000 for it. I think they should pay us some money, especially since we asked them AGAIN and AGAIN and AGAIN, and they kept telling us NOTHING was wrong with it and we didn't even have it for like 3 hours before the tranny went out. Help!
10 Answers
- Stupid FlandersLv 79 years agoFavorite Answer
Yeah good luck with that. I predict you lose based on the actual facts of the case.
You may have a chance in a small claims court atmosphere, depending on the judge.
If this dealership has bad reputation in the community, has a history of being sued and/or if they send some smart-mouthed employee that is going to tell the judge what the law is, then you have an outside chance of some reimbursement.
3 major things working against you
1) You would have to prove that they knew there were faults with the car before selling it to you.
2) You bought a car 'as-is' and waived the right to have an independent mechanic inspect it.
3) You get what you pay for. $4000 doesn't buy you a 'worry-free' car. This seems excessive, but as soon as you drove it off the lot without a warranty, everything is legally on you for future maintenance and repairs.
Next time negotiate a warranty or get it inspected before agreeing to purchase.
- Scott HLv 79 years ago
"It's a 2000 so it's not too old" Ha, it's a 13 year old car.
Let's cut through the crap. You bought a 13 -year old used car in "as is" condition. As a buyer, it was your responsibility to determine the condition of the vehicle BEFORE you bought it. You have no recourse against the seller. You expect a $4000 used car (really a $2000-$2500 car if you account for the dealer profit margin) to be as dependable as a new car. It ain't going to happen.
The key phrase is "knowingly selling". You don't know that the dealership knew anything about the car. Most dealers don't, and it's very difficult to prove. There is a risk when buying any used vehicle, the older and cheaper the price, the higher the risk. There's no law against selling a piece of crap car. The rule of law that applies here is "buyer beware".
- mccoybluesLv 79 years ago
It's not illegal to sell a piece of crap car. You must prove in court that the seller knew of these defects and intentionally misled you regarding the condition of the car.
Knowing full well that ALL used cars are sold AS-IS the buyer has very little recourse when it comes to making the wrong choice when they purchase a used car.
How could ANYONE buy a car with a bad transmission and not know if during the test drive. Transmissions just don't fail on an instant.
- trish bLv 79 years ago
In all fairness,they couldn't have known all those things were going to go wrong when they sold you the vehicle. Second hand cars are always sold as seen which means you take responsibility for anything which does need fixing. The law may be different where you are but here in the UK,you wouldn't have a leg to stand on when it comes to suing. There is always a danger of buying a pup when you get a used vehicle and you can't necessarily judge by its' age..
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- Anonymous9 years ago
You bought it "as is." Also, you said that when you go home, you "went to reverse and there was no reverse." Do you mean that you couldn't put the car into reverse? How did you miss this during the test drive? Yeah, I don't think there is much you can do except take this experience as a lesson.
- BrentLv 79 years ago
About the only help for you is that you need to fix your van.
Out of all that you typed, nothing proves your case against that dealership.
Not that you had one.
- Anonymous9 years ago
Sounds like a trial for Judge Judy...
- David GLv 69 years ago
You signed a statement stating, "As is-no warranty. You will pay all costs for any repairs. The dealer assumes no responsibility for any repairs regardless of any oral statements about this vehicle."
Source(s): Dealer - RangerLv 79 years ago
You need to contact a Products Liability lawyer familiar with the laws of your state. We can't answer your question as the liability laws vary with each state.
Source(s): rc