As-is car laws and implied warranties

[High_Plains_Retired]

Originally Posted by AlfredB1979

Um, how do you prove the dealer was involved in such a mess? What about a previous owner? You're making a tall leap of an assumption there.

I did say "I might be inclined...".

[Avalon Owner]

We just purchased a used car from a lady. She made us sign a paper stating as is no warranties. We asked about the check engine light and she said it comes on an off. We went to get the money to purchase the car. We notice the light was off. Today we found out that a neighbor had looked at the same car while we where getting the funds. He told here that the check engine light was the sensor going out and it will make the transmission fail. The solution would be to replace the engine. He reset the code for her. We came back and again noticed the light was not on so we bought the car. We asked he again about the light and she said it was nothing it comes and goes.

We took it over to our mechanic the very next day and he did not find anything on the code. We drove the car for several miles, and today three days after the purchase the code came back on. Our neighbor stopped my wife and told her the story about his story with the seller and the codes.

Under Texas law because she knew what the codes where before the funds where handed to her, shouldn't she buy the car back or at least pay for the transmission repair she fail to disclose?

Need help with this one.

[Trainwreck20]

because she knew what the codes where before the funds where handed to her

No, not necessarily. A neighbor had looked at the car and diagnosed the problem? And reset the code? Is he a certified mechanic of some sort, did the seller know that he was (if he was), and how did he reset the code (I didn't think it was simply pushing a button)? If he was just some dude trying to buy a car and was telling her some 'story' which she could not verify, she might have simply assumed it was someone trying to argue the price down.

[High_Plains_Retired]

Originally Posted by Avalon Owner

We just purchased a used car from a lady.
...
Need help with this one.

Now that the check engine light is back on, you should have the codes read again. Autozone and many other auto parts stores will do this for free. However, you should know that a check engine light will not always set a diagnostic trouble code (DTC). It may be something as simple as a loose, or bad, gas cap.

Also ask your neighbor to explain how a failed transmission sensor, or even a failed transmission, will require the engine to be replaced. If he buys and sells used cars beware that he may just be trying to get the price down in order for him to buy it.

BTW, many inexpensive code readers can easily reset a DTC.

[alex2485]

Hi I bought a truck Chevy Silverado z71..well it has the stickers....but before I sign the contract. .The sales men told me it was a 4x4...because that's what I was looking for....I asked him twice. .and he said yes....but the truck is not 4x4..so in this case what I should do. ..

[DSL_PWR]

Originally Posted by Dora Milaje

I'm a bit confused about the two. We all know that 'as-is' means just that - as is. The dealer is not responsible for any repairs once the car is off the lot. But there's another part of car sales that falls under "merchantability", which basically states that unless specifically cited, a person buys a car with the intent that it will do what it's supposed to do. I believe safety falls under that issue, and here's where the problem starts.

So here's my question in a nutshell: can a dealer sell a car that can't pass inspections and fail to mention this, simply because it's an 'as is' sale?

At the time the car most likely passed inspection. If you can prove the sticker isn't legal then you have a leg to stand on. Otherwise the car did do what it was supposed it. It started and drove.

Originally Posted by Avalon Owner

We just purchased a used car from a lady. She made us sign a paper stating as is no warranties.

Under Texas law because she knew what the codes where before the funds where handed to her, shouldn't she buy the car back or at least pay for the transmission repair she fail to disclose?

Need help with this one.

Can you prove she knew what the codes were? You are getting into hearsay with the neighbor said blah blah which won't stand up in court.

As-is is a tough one and you might try small claims court but it'll be an uphill battle.