The new forums will be named Coin Return (based on the most recent vote)! You can check on the status and timeline of the transition to the new forums here.
The Guiding Principles and New Rules document is now in effect.
Cousin bought a bad used car.
MrOletta
Registered User regular
Registered User regular
Hello,
My cousin came over tonight to talk to my father about the situation he is currently in. He purchased a used vehicle and it failed him the same night he drove it home. He hasn't been able to get it up and running, and I believe the engine is completely dead/locked. He took it back the next day (towed), and asked for his money back, but they refused. Not only that, but they refused to let him take the vehicle again unless he paid the remainding $800 balance (he paid $2200 cash).
He called the local police, and they went out and didn't make a report. They said it was a civil matter and they couldn't get involved. Is it possible for him to go to the precint and get the names of the officer's who went to the location (he explained it all to him) and get statements from them? He's hoping to take this guy to small claims court. Also, another thing is that the place he bought it from is normally a Tint shop. They gave him a receipt, but I'm curious if you need a license of sorts to sell used vehicles. Something tells me not any business can just sell them.
So currently my cousin is just getting the run around from the court/precint/sheriffs. The court sends him to the P.D., the P.D. sends him to the Sheriff's office, and the Sheriff's office sends him to the court.
I've told him he needs to get statements, and document everything that is happening. He needs proof that the vehicle died within 24 hours and that he made the effort to try to work something out with the seller who refused. I also recommended he take it to a shop so he can get an estimate as to the cost of the repair, but currently they won't let him take the vehicle.
Help us PA!
TLDR: Cousin bought a car that died within 24 hours. What can we do?
My cousin came over tonight to talk to my father about the situation he is currently in. He purchased a used vehicle and it failed him the same night he drove it home. He hasn't been able to get it up and running, and I believe the engine is completely dead/locked. He took it back the next day (towed), and asked for his money back, but they refused. Not only that, but they refused to let him take the vehicle again unless he paid the remainding $800 balance (he paid $2200 cash).
He called the local police, and they went out and didn't make a report. They said it was a civil matter and they couldn't get involved. Is it possible for him to go to the precint and get the names of the officer's who went to the location (he explained it all to him) and get statements from them? He's hoping to take this guy to small claims court. Also, another thing is that the place he bought it from is normally a Tint shop. They gave him a receipt, but I'm curious if you need a license of sorts to sell used vehicles. Something tells me not any business can just sell them.
So currently my cousin is just getting the run around from the court/precint/sheriffs. The court sends him to the P.D., the P.D. sends him to the Sheriff's office, and the Sheriff's office sends him to the court.
I've told him he needs to get statements, and document everything that is happening. He needs proof that the vehicle died within 24 hours and that he made the effort to try to work something out with the seller who refused. I also recommended he take it to a shop so he can get an estimate as to the cost of the repair, but currently they won't let him take the vehicle.
Help us PA!
TLDR: Cousin bought a car that died within 24 hours. What can we do?
MrOletta on
0
Posts
You've got a receipt for the car, and a receipt for the towing, which establishes that it died the day you drove it off the lot. Should be fairly open-and-shut.
I hope you are right for this guys sake. However, used cars are typically sold as is, with no warranties either explicit or implied to protect the buyer. In a case like this, where failure was so fast after the purchase, the buyer may have some protection. But that will depend on the laws where he lives, which is why I suggested contacting a lawyer.
A quick google search on used car lemon laws shows that in New York state, you seem to be protected if you buy from a dealer. So maybe you will get lucky and have something similar where you live.
Edit:
Found this site which relates to Texas. They have this to say:
What if I’m having problems with my used car but I didn’t buy a service contract and the car was sold “As Is?â€
The “As Is†disclosure is strong medicine and there is probably not anything you can do unless you can prove that the dealer knew or should have known of the problem. You may be able to prove this through service records, talking with previous owners or talking with mechanics or body shop professionals who state that the problem is obvious to a knowledgeable person.
Law plays a large part in it, but in a case like this, you're going to be talking more about what's equitable than what legally goes to who.
See how many books I've read so far in 2010
Actually, in a lot of cases you buy a used car as is unless it was stated to the contrary that they would do something if it broke down, or if they gave you any sort of guarantee. Basically, in most places, as soon as that car is in your name, it's your problem if it breaks down driving home.
I didn't read the whole first post, but did your cousin have a mechanic inspect the car? Test drive it?
If no to either of these, he is pretty much boned.
They are, but as Thanatos pointed out small claims count isn't a court of law, but a equity, so you can argue from a different standpoint.
edit: or is that even necessary?
If the seller knew there were major engine problems, and did not disclose this, then the as-is part is not as powerful as it seems.
But if the car was mechanically sound, and sold as is .. he is out of luck.
That being said, the seller might want to put him in a different car just to save face and stop any bad press from selling a car that dies same day... but it seems like it was a tint shop selling some random car they have on the lot, and your cousin never had it checked out,etc.. sounds like a shady deal, and will work against him getting any money back... and in fact he will most likely owe the remainder.
Librarians harbor a terrible secret. Find it.
Also, did he have the car checked out by a mechanic first? This is a necessary step in purchasing ANY used car that doesn't come with a guarantee! If he didn't have it checked out, then that was a huge mistake, evidenced by the situation he's in now.
If you are disclaiming a warranty of merchantability, you need to display this extremely prominently. Usually it's with big capital bold letters on the contract/EULA/whatever. Just saying "as-is" doesn't cut it, you need to actually write out "THIS PRODUCT COMES WITH NO WARRANTY, NOT EVEN THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.", with about that much emphasis. If the used car dealer forgot to do this (and judging by the fact that it was a tint shop just selling an old car, this might be the case) then he's got a decent case.
Note that I am not a lawyer and this is not legal advice.
However, like I said, the law may not matter. Small claims court is a court of equity, not a court of law, so they are not required to abide by the letter of the law. I'm not saying that your cousin will for sure get his money back, but it's at least worth filing the claim.
As of right now, he has no car, and the tint place has a bunch of his money, so he should totally sue them. It sounds like they sold him a fucked-up car, they knew they sold him a fucked up car (which is why they won't let a mechanic look at it), and now they're hoping your cousin will just give up.