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Old 06-06-2014, 10:41 AM
 
2 posts, read 4,532 times
Reputation: 10

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Recently i purchased a used truck from a local dealer, while looking the truck over i asked the salesman if the truck had any mechanical issues and if it had been checked and serviced. The salesman stated there are no mechanical problems and the truck had just went through thier full service shop and had been checked from bumper to bumper. That they would even give me copies of the parts used when they checked it in thier shop.My mechanic was there and looked it over. Its a standard shift , we drove it it shifted fine but we did not get it on the hwy because the hwy was nowhere close. So being it shifted fine in all gears tested felt that it was ok. Purchased it late in the evening, dealer was closing by time we left. Drove home, on way it kept jumping out of over drive. So following morning called dealership told them about it. Well to say the lest they have basically told me my problem. They could fix it for me for about $600, not even having looked at it. This leads me to believe they knew what was wrong with it before i purchased. They will not let me speak to the owner or anyone except the salesman, they wont even tell me who the owner is. Now i did buy it as is, but is there a consumer rights law that they broke? Is there any legal action i can take? Fair business trade law or something? Any help would be greatly appreciated.
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Old 06-06-2014, 07:38 PM
 
Location: Austin, TX
16,791 posts, read 44,839,894 times
Reputation: 9433
Sorry Bobbie, but I don't think you have much recourse.

http://ftp.dot.state.tx.us/pub/txdot..._used_cars.pdf

Quote:
Buying or selling a used vehicle?
If you plan to buy or sell a used car or truck, the
Texas Department of Transportation (TxDOT) has
some helpful tips.
Where to start — Buyer Beware
Buying a used vehicle can be risky. Once you
pay for a car, you have limited recourse if you
are dissatisfied. Choose carefully.

Buying from a dealer
Ask for a vehicle history report. This report
provides reliable and accurate information on a
vehicle such as salvage or junk title, rebuilt or
reconstructed title, flood damage title, damage
disclosure, manufacturer buyback (lemon law),
salvage auction record, odometer rollback or
rollover, unreliable odometer, lien holder data,
recall information, rental history, maintenance and
accident data. A vehicle report may help you avoid
dangerous and costly problems.

Check out the Buyers Guide
The Federal Trade Commission’s Used Car
Rule requires dealers to post a Buyers Guide on
every used car they sell. It must tell you if the
vehicle is under warranty or being sold “as-is” and
what percentage of repair costs the dealer will pay
under warranty. “As-is” means there is no warranty
on the car or truck. When you buy a vehicle “as-is”
and it breaks down, the repairs are your responsibility,
not the dealer’s. If it is being sold “as-is” and the
dealer promises to repair the vehicle or
cancel the sale if you are not satisfied, the promise
should be written in the Buyers Guide.

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Old 06-07-2014, 12:01 PM
 
Location: San Antonio. Tx 78209
2,649 posts, read 6,915,419 times
Reputation: 1739
Unless you bought it certified used with a warranty, which would have been explained to you, it's an as is transaction. Once you sign the paperwork you and only you are responsible for the car/ truck.
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Old 06-07-2014, 12:03 PM
 
Location: Port Charlotte
3,927 posts, read 5,628,274 times
Reputation: 3434
Small claims court. Also, car dealers are licensed through the DMV. Check with them as well. But start by giving a certified letter demanding the $600 with 10 days to pay, then file a small claims suit through the JP court.
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Old 06-10-2014, 03:18 PM
 
370 posts, read 546,503 times
Reputation: 249
All vehicles with "Sold As Is" marked on the box on the sticker, are legally sold as is in the state of texas. in other words, once you sign and take it off the lot it's no longer property of the dealer and they aren't liable for anything.


i would continue pressing them and they may help you out on the repair costs, explain what the salesman said. if they aren't bothering with you, also contact BBB if they are a member
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Old 08-02-2016, 05:33 AM
 
1,950 posts, read 2,879,689 times
Reputation: 3021
Quote:
Originally Posted by Bobbie2214 View Post
Recently i purchased a used truck from a local dealer, while looking the truck over i asked the salesman if the truck had any mechanical issues and if it had been checked and serviced. The salesman stated there are no mechanical problems and the truck had just went through thier full service shop and had been checked from bumper to bumper. That they would even give me copies of the parts used when they checked it in thier shop.My mechanic was there and looked it over. Its a standard shift , we drove it it shifted fine but we did not get it on the hwy because the hwy was nowhere close. So being it shifted fine in all gears tested felt that it was ok. Purchased it late in the evening, dealer was closing by time we left. Drove home, on way it kept jumping out of over drive. So following morning called dealership told them about it. Well to say the lest they have basically told me my problem. They could fix it for me for about $600, not even having looked at it. This leads me to believe they knew what was wrong with it before i purchased. They will not let me speak to the owner or anyone except the salesman, they wont even tell me who the owner is. Now i did buy it as is, but is there a consumer rights law that they broke? Is there any legal action i can take? Fair business trade law or something? Any help would be greatly appreciated.
It should have had a proper buyer's check which would have included a proper test drive.

Don in Austin
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Old 08-02-2016, 07:35 AM
 
Location: DFW
5,495 posts, read 4,260,350 times
Reputation: 4946
Here's what I always do when buying a car.

1) Ask the dealer if I can take the car home for the night. Most say yes if they want to make a sale. The last new car I bought, I took it home on Friday afternoon, and came back to buy it on Monday morning after "sleeping on it". This is important because when you get it home, you can look it over from top to bottom, and also let the engine cool/warm up.

2) On used cars, take it to your own mechanic for them to do a pre-purchase inspection. They are usually $40-80. The last used car I bought (was 3yr old at the time) had a battery that was needing replacement, brakes that were 75% gone, out of alignment, needed one tire replaced. I told the dealer all of this and was able to get close to $1000 knocked off the price to cover repairs/replacements.
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Old 08-02-2016, 09:43 AM
 
11,252 posts, read 6,126,057 times
Reputation: 31827
Quote:
Originally Posted by lepoisson View Post
Here's what I always do when buying a car.

1) Ask the dealer if I can take the car home for the night.
This might not work for the particular situation - a well-used truck that is worn enough that it won't stay reliably in gear, probably doesn't sell for enough that a dealer is willing to do that.
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Old 08-08-2017, 07:57 PM
 
1 posts, read 2,199 times
Reputation: 10
The "as is" law applies to anything warranty related. If something goes wrong with the car it is on you to repair.

However, if the vehicle was sold to you with frame or flood damage and they did not disclose that to you at the time of sale then the seller/dealership is liable. You can sue them and will win
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