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question - if you buy a used car from someone and it dies right away

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fluffernutter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:19 PM
Original message
question - if you buy a used car from someone and it dies right away
and they never disclosed any problems on the car, is there anything you can do, or are you screwed?
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KitchenWitch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:21 PM
Response to Original message
1. I think it depends upon the state you live in.
States have varying degrees of the "Lemon Law".
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:22 PM
Response to Reply #1
6. Lemon Laws generally just apply to new cars only.
Most states, anyway.

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toddzilla Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:21 PM
Response to Original message
2. depends on the problem
how much it costs to fix. cars break, if it was something that should have been known about beforehand, that's a different story. a transmission full of sawdust is different than something that's easy to miss.
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mopinko Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:22 PM
Response to Original message
3. from a dealer, or an individual?
if it is a dealer, check with the attorney generals office in your state. individual, well, i hope it wasn't an expensive car.
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Kelvin Mace Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:22 PM
Response to Original message
4. Depends...
if the bill of sale says "where is, as is", your screwed. Otherwise, the question that comes into play is did they know of the problem? Can you prove it? How much did the car cost? How much will the repair cost? If you have to take them to court, is it worth it?


The taste of Republican butt does not improve with age.

"The NeoCons can't be bargained with. They can't be reasoned with. They do not feel pity, or remorse, or fear. And they absolutely will not stop, ever, until you are dead.
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dsc Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:22 PM
Response to Original message
5. also there is a big difference in most states between a dealer
and a private sale. If you bought it from a dealer or even a person who sells a lot of cars you generally have more rights than in a private sale.
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Osamasux Donating Member (846 posts) Send PM | Profile | Ignore Mon Jan-24-05 11:25 PM
Response to Original message
7. You have a slight chance in small claims court.
Was it repaired? Did they try to hide the problem? That could be fraud. Bring estimates. You would probably need them to slip up and say something incriminating to win.

Disclaimer: I'm not a lawyer, I don't play one on TV and I did not sleep at a Holiday Inn last night.
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fluffernutter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:30 PM
Response to Reply #7
8. lol! thank you all. it was not bought from a dealer, and the seller
obviusly tried to screw over the person who bought it. i don't know if the bill of sale says "as is" or not ...

sounds like this is a case of $1000.00 down the tubes :(
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:37 PM
Response to Original message
9. Proof is the problem
If you can prove that they knowingly sold you a car with a problem, you might stand a chance in small claims. Hard to do.

I have sold cars privately, and to cover my ass, first, I let the buyer know about any known problems, and second, I make them sign an "as is" document. I once refused to sell a car to a young woman because I knew she would have as much trouble with it as I had. I eventually sold it to engineer who worked for Kaiser Permanente In Research and Development. I figured if anyone could deal with that lemon he could. (It was a VW Rabbit, byt the way. I've never bought another VW product since.)
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fluffernutter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-24-05 11:51 PM
Response to Reply #9
10. huh, whatta ya know, this lovely lemon is a vw jetta.
ugh. you are a nice guy to not sell to some poor gal who got suckered. thanks for your reply :)
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progmom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-25-05 12:13 AM
Response to Reply #9
11. My problem car was a 1981 VW Rabbit convertible
The engine started smoking when I pulled it into my driveway for the first time.
I took it back to the shifty used lot I bought it from, and they "fixed" it enough to keep it running for a week.
I then spent about $600 trying to get it running again after it died a second time, but to no avail. Money down the drain.

The worst part was that I knew I was being stupid when I bought it. It was the stupidest impulse purchase I ever made. I just reeeeeally wanted one of those cars, and it was "only" $1000.

Sigh...
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hickman1937 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-25-05 12:24 AM
Response to Reply #11
12. Caveat Emptor, I think,
unless you can prove that the car was unsafe. I'm not a lawyer, I don't practice law, and I've never stayed at the white House.
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-25-05 12:26 AM
Response to Reply #11
13. FYI
The lemon laws came into being primarily because of the Rabbits. Unfortunately I bought mine (new) before the lemon laws and had no recourse.
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