I just bought a used car 7 days ago cash of a local dealer to be told by a shop today the engine is finished and i need a new one, it has 134 miles on it which i didnt think was too high… does anyone know my rights?
Assuming this 134 miles is a typo there is not enough info known to know whether you have any rights at all.
This can vary by state, by mileage on the car, etc.
If you signed an “AS IS” disclaimer this generally means you’re up the proverbial creek without a paddle. The “AS IS” disclaimers were enacted through legislation many years ago and once you put your name on one of those this means as is, where is, with no warranty UNLESS something is provided in writing to the contrary.
It depends on your state. Some require a thirty or sixty day guarantee. Carefully read all of your paperwork. I assume you mean the car has 134,0000 on it, You don’t say what make or model, which matters a great deal.
I guess you got screwed but there is a very strong sentiment recently in this country for the concept of caveat empor.
yes its 134000, subaru forester and im in boston…isnt there such a thing as “implied warranty”
Not in the used car world. You still have not stated which state you live in and whether or not you signed an “AS IS” disclaimer.
If this engine died in a week’s time this means it had a serious problem to begin with. At this point I would not fault the dealer without some hard evidence.
Dealers routinely take in trades or buy cars at auction that have been doctored by the previous owners, with doctored meaning the engine has been stuffed with Motor Honey, differential stuffed with sawdust, etc.
The car sounds decent and the dealer sells it while being blissfully unaware there is even a problem. When a problem does occur it’s often assumed the dealer knew about this from the get-go.
Federal law requires EVERY dealer to affix a “BUYER’S GUIDE” to a window in every light vehicle they sell. See: http://www.ftc.gov/bcp/edu/pubs/consumer/autos/aut03.shtm . Here is an excerpt that you should see. As far as I know, federal laws apply in Mass.
"The Federal Trade Commission’s (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars. Demonstrators are new cars that have not been owned, leased, or used as rentals, but have been driven by dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn’t have to post a Buyers Guide.
The Buyers Guide must tell you:
whether the vehicle is being sold “as is” or with a warranty;
what percentage of the repair costs a dealer will pay under the warranty;
that spoken promises are difficult to enforce;
to get all promises in writing;
to keep the Buyers Guide for reference after the sale;
the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and
to ask to have the car inspected by an independent mechanic before you buy.
When you buy a used car from a dealer, get the original Buyers Guide that was posted in the vehicle, or a copy. The Guide must reflect any negotiated changes in warranty coverage. It also becomes part of your sales contract and overrides any contrary provisions. For example, if the Buyers Guide says the car comes with a warranty and the contract says the car is sold “as is,” the dealer must give you the warranty described in the Guide."
If no buyer’s guide was posted, then you are entitled to at least an implied warranty, at least in my state. If no buyer’s guide was posted, your Commonwealth’s state dealer licensing board should be notified. They are in violation of federal law. A dealer CAN NOT legally sell a car here AS IS. I don’t know about Mass. The buyer’s guide can offer a warranty as low a 10% of the total repair cost for 30 days. Frankly 10% is worth almost as much as the paper it’s written on as it’s easy to pad a bill by 10%.
When you buy a car with 134,000 miles on it, you can be SURE it was sold “AS IS”…Depending on what you paid for the car, the DEALER MIGHT have mercy on you and provide some help. Have you contacted the dealer??
I agree with Caddyman that a 134k miles car is quite likely AS IS short of some freak of nature event.
Here in OK, as with many states, if a buyer signs that AS IS disclaimer (buyers required to sign this on a used vehicle with no warranty) then they’re out of luck no matter what happens.
Even if the dealer knows there is a problem and bald face lies about it in front of a dozen witnesses the buyer is still up the creek if their John Henry is on that disclaimer.
You can’t say that for SURE because you don’t know the law in Massachusetts. A used car dealer in my state, and apparently others, CAN NOT sell a car AS IS with no warranty. If he does, the state will have his license. It’s the law. The only exception is a car that is known by both parties to be a non-runner.
There is no Federal law covering used car sales, at least not to my knowledge. Whatever rights you have fall under state and other local laws. So, you have to check this out with someone who knows your state laws, such as the attorney general’s office.
If you had bought the car from a private party you would have no rights in this matter. Since you purchased from a dealer, you may have some rights if you can prove the car had a condition known to the dealer at the time of sale. A bad engine is something a dealer should know about. If there is evidence of a cover up, very thick oil in the crankcase is one way dealers cover up bad motors for instance, it would help your case.
I suggest you take the car back to the dealer and request a refund to return the car. If the dealer agrees get you money back and look for another car. Then have you prospective used car inspected by an independant mechanic before you buy it next time around.
Rather than asking for opinions from random strangers all over the US, the OP needs to get authoritative advice from someone in his/her own state who is intimately familiar with regulations and statutes for that particular state. Therefore, he/she needs to contact the state Division of Consumer Affairs, via the telephone (likely a toll-free number).
Someone from the Division of Consumer Affairs will be able to tell the OP exactly what his/her legal rights are, rather than giving various versions–be they accurate or inaccurate–of statutes and regulations in other states. For some reason, many people confuse this agency with the private organization known as the Better Business Bureau, and that is unfortunate. The DCA has regulatory power, while the BBB does not. The DCA is affiliated with the state Attorney General’s office, in case prosecution is appropriate. The BBB has no legal authority whatsoever.
Stebri66–Look in your telephone directory for the number of the Mass Division of Consumer Affairs if you want an accurate and authoritative answer to your question.
Try this site…might help ALOT
Reading the site pointed out by dw01220, it looks like the implied warranty required by Mass state law only covers vehicles with less than 125K miles.
So you might be out of luck, however, I would follow the legwork advice pointed out by several of the previous posters.
All of these people have the best of intentions in helping you, but you have come to a car forum seeking legal advice. You should talk to a lawyer, even if it is a free legal aid lawyer.
MA has some great laws with respect to used cars. Not sure you are covered but it looks like you are at day 7 and need to immediately get moving on this:
since you bought it,
how many miles did YOU add to it ?
The argument may be solveable there if the miles you put on could not be considered sufficient to ruin an engine.
Does your state have a buyer’s remorse law? Some states give you 7-10 days to return a purchase with no penalty. But if it does, you’d better jump on it quick.
Next time, have the car checked out before you buy it.