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Legal advice on used car sold by a dodgy dealer [Archive] - Auto Industry Forum

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outtathaway2006
02-21-2008, 10:00 AM
Before i start, some of the things that im going to describe will sound, well, pretty dumb on my behalf, but im young and have never bought a car before and im completely new to the area where what im going to write about has happened.

Upon arriving in South Carolina USA, and desperately needing a car, and with a very small budget, i began trawling used dealership after used dealership. After several months, and becoming increasingly frustrated, I eventually arrived at the lot of a small, run down dealer that happened to have a nice looking red ponitac firebird. I noticed that one of the headlights was busted up and the front bumper was damaged slightly, but overall it looked like it could be fixed up. So then, out comes the dealer. I asked him if it worked, and he told me not currently, but he did inform me that he had a v6 from a 98 model with 60,000 miles in that he could put in it and, with a bit of minor body work, he put it, it could be in an 'excellent' condition. I asked how much, he said $3000, which for other cars like that, i thought it was a good price. However, he told me he'd want a deposit if he was going to fix it up. I went away and thought about it, still couldnt find anthing else, so called him up to let him know i was in.

When the car was finished, and the time came to go and pick it up and complete the payment, i was not very impressed with what they had done, or, not done. The body work was fixed up nicely and looked great on the outside, the interior was still shabby though. What concerned me the most was the engine. Im no car mechanic, but i immediately sensed something wasnt right when i drove it. I came back from the test drive angry/concerned and told the dealer my concerns. Then out come his two younger mechanics and literally stand either side of me and insist the engine is fine, that they did a good job putting it in and give the impression that theyre insulted by my worries. My main concern now is the deposit, yes i have a receipt, but theyre attitude is "its fine, we fixed it up for you, we kept our end of the bargain". I just didnt feel i was going to get it back. Intimidated and unsure (i really dont know anything about cars, for all i knew they could have been right, and me just paranoid) and with the promise of a warranty on the engine, i agreed to go through with the deal. Within weeks i was having problems. After 3 months now, i have spent an estimated $2000 fixing the car.

it gets better...

Recently, ive been told i need to replace the EGR valve and have an engine tune up. I called the warranty company that the dealer told he would use for my warranty, and they told me that i was not on their records, that they had never recieved an application form concerning me or my car from the dealer. I called the dealer, he played dumb saying he had done it, then promised me he'd look into it. I called him again a few days later and he told me he'd spoken to the agent and that it was in their hands now. I called the warranty company again and they still maintain that there has never been an application from the dealer for my car.

Being new to the country, i didnt know about carfax, so i checked it and the car has been in two accidents before also, one being a head on collision. The dealer never informed me of this before, or during the sale.

I know this is pretty longwinded, and ive been very very naive, but if anyone can offer me adivce please do. If i have a case on anything here, im prepared to go to court.

thankyou for any advice

mchastek
02-21-2008, 10:09 AM
Sorry that I don't have any specific advice for you, but this is the reason used car salesmen/dealerships get a bad reputation. You sound like a decent person and I hate to see good things happen to good people. I'd call a few lawyers if I were you, explain the situation, and ask them if it would be worth fighting. I know when you're young a few thousand dollars is a lot of money, but in the long run, you might just have to chalk it up to learning a good lesson.

Best of luck!

-Mark

xdcx
02-21-2008, 05:36 PM
Sorry that you're having these problems. :(

The good news is that you can always go the Small Claims Court route and you'll likely prevail. The bad news is it can be difficult to collect even if you win a judgment.

It sounds like you've been "nice" and it's not getting you anywhere. Now it's time to get "firm" and turn up the heat. Call the State Licensing Agency that issued his Dealer's License and indicate that you're concerned that the dealer has failed to remit a premium for your warranty policy. Advise them that you're concerned that this may have happened to other customers and you're requesting that they investigate this matter.

Also, don't under estimate the power of public humiliation. If it comes time to play hardball, just park your car in front of his lot with a big lemon sign - you'll definitely get his attention.

Final thought - it's OK to ask someone to help you. :) Some people don't like confrontation while others thrive on it. If you don't want to fight this dealer alone, ask a friend, co-worker, etc. to go with you.

Good luck and please let us know how things work out.