Consumption and Real Estate
Sold a Defective Automobile by Dealer?
Question : Sold a Defective Automobile by Dealer?
MY wife found a car on the internet. We are in Florida (sucky consumer protection state). The dealer has an as is warranty policy. Before signing anything, my wife asked if there were mechanical problems, she was told there were none. The internet ad does not list any problems with the car. She took it for a test drive with no apparent problems. When she got home, it overheated, We looked and there was no fluid in the radiator. The battery died overnight which we replaced. Now the car refuses to start. The dealership refuses to speak with us. They worked on the car to make it look new, especially the engine. So, it appears there is more wrong with this car than advertised and what they represented. Maybe this is why they have an as is warranty policy. You sell a defective car and you are off the hook. Any advice on this? Do we have any rights under Florida Law?
btw, my wife checked all fluids. Engine was detailed to make it brand new looking. She specifically asked for problems was assured there were none. Checked car on Carmax, said car was not in an accident. She wouldnt have bought car if there were problems
Thanks all
Just to add, my wife did what any normal prudent person would do when buying a car.
florida home warranty
Best answer:
Answer by kelly_f_1999
found a car on the internet first mistake
as is warranty policy..
should have check it out before buying second mistake..
didnt open the hood and check the fluid levels third mistake… should have check the car how before
walk a roun dit looking for dents and discolor
check tires for uneven wear
under it for signs of wet spots
tail pipe for black or wet
open the hood and check all the fluids
crank it and listen for ticking or knocks
drive it 30 minutes
checking how it takes off
how it brakes how it steers
check every button and or switch
fining any one of these you have questions should have walked a way
she didnt check it out id bet and now you got a junker to work on
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#2 written by alfredb1979 1 year ago
AS-IS or not, every customer has a right to a decent car when it comes to the basic mechanical condition of the vehicle.
————————————-Maybe that’s why you bought a junk vehicle, Lotto Loser.
LIke the OP’s wife who has an untrained mechanical eye, you had the right to take the vehicle to an inspector (a la Auto Exam) and get things checked out first.
You have the right to wise up and make smart decisions. Not every person does, though.
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#4 written by John L 1 year ago
Florida lemon law is only for new cars and trucks. There is no such thing as a return policy. On any used cars that do not have a warranty I tell my customer to always take it to a mechanic to have it checked out. You can check the fluids yourself but you don’t have the eye or experience of a good mechanic.
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#5 written by SkyPilot 1 year ago
People who are saying you can return it are absolutely wrong. It was your responsibility to check the car by having a reputable shop go over it for problems. You say it was checked on Carmax. I expect you mean Carfax. That will only show information given to them and will not disclose every problem in a car’s past. People put way too much stock in their reports. You knew the car was being sold as-is. It is yours now. You can fix the problems or try to sell it.
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#6 written by Somethingtotry 1 year ago
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#8 written by pedro7of9 1 year ago
check fluids before buying…low?,,dirty? burnt?
they made it look new? sorry but duh…if you were selling a car you would clean it up
how long did she drive with it overheating? first sign STOP…im amazed that people distroy the engine by driving with steam pouring out….
1 clean battery cables2
2 ask Q&A about starting problem by providing more detail,,,ie,,turn key what happens? click? nothing? turns over doesnt fire?
3 what to do? keep talking to them,,,sorry but u may be stuck -
#9 written by bowtiessuck 1 year ago
contact your secratary of state, they will tell you what your options are, Im not sure in Florida but I would imagine there is some sort of lemon law, if they tell you there is nothing you can do you can still turn them into the bbb to hopefully stop this from happening to someone else. not only that if turned in and then they make the problem right with you, you will be able to report that they did satisfy you if they are not willing to work with you at that point take the car back to them and make a sceen in front of their potential buyers about the piece of junk they sold you and how they lied about it until they decide to work with you. (use this as a last resort but trust me this usually works) the dealer is not going to want you running off their customers and destroying their sales so at some point if it takes a couple of days they will decide to do whatever it takes to shut you up
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#10 written by Stupid Flanders 1 year ago
If you understood that there was no warranty and it was being sold ‘as-is’, you have the right to inspect the vehicle or have it professionally inspected before signing anything.
If the dealer were to deny you this right, you should run away from the deal.When you signed the paperwork with no warranty, you just bought the car and all of the responsibility of future problems that come with it.
The dealer could be a little more accomodating for the sake of customer service, but they are still legally within their rights to refuse you any free services.
Unfortunately, you have no recourse. Whenever you decide to purchase a used car from anyone, make sure a certified mechanic inspects it. It will cost you a $ 100, but well worth it for the piece of mind. In this case, it would have saved you much more.
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You weren’t sold a defective automobile. You bought a used car. There’s a difference. Used cars are generally sold “as is” and the dealer doesn’t have to stand behind them because the buyer assumes all risk. A dealer who buys cars wholesale at an auction won’t know about problems unless they are obvious. If you want a hassle-free car buying experience, buy a new car. Then if something goes wrong, you have a warranty behind it.
There’s no “right to own a decent car”. You either know what you’re doing and exercise due diligence when buying a used car, or you don’t. Nothing wrong with buying used cars, but you need to know what you’re getting.