Finally, an update...

Finally, an update...

Urban Werebear
Urban Werebear

May 13th, 2012, 11:08 pm #1

I... am done with this car. I have tried every damn thing I can to get it to work, and nothing. Six weeks now, and I've been able to drive it for two.

Since the last post, I have swapped out the starter (again) and the battery (also again), pulled off the serpentine belt and made sure everything would turn (it all did) and still nothing.

Tomorrow, I am calling the dealer and telling him to come get the car and send the purchase price back to the finance company. If he won't do that, I'm calling the finance company and telling them to come get it, as I am not about to pay for something that doesn't work. Either way, I'm also calling and canceling the insurance. And I'm still gonna owe the finance company about $1500 for tax, title, and licence.

Seriously, my only other option at this point is to do something really stupid, like drop a tree on the damn thing. Legal Assistance says, "We don't deal with problems like that. Call Consumer Protection." Consumer Protection says, "We don't handle claims related to cars. Call the Department of Transportation." The DOT says, "You bought it as-is. You're screwed."

So, I'm done. Done with the migraines, the churning guts, the lost sleep. However, the two-hour walks home are just starting. Happy, happy, joy, joy.
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Ketira
Ketira

May 14th, 2012, 12:14 pm #2

...consider this a lesson learned. hug It's a hard lesson, but one that everyone (even me!) has had to learn at one time or another.

Now, however, I'm going to give you what I'd do in this situation. (Besides have my brother & Dad look over the car, & both of them say it's kaput.)

1. Call Legal Assistance back and ask for a Lawyer who handles such things. Be polite but firm about it, and don't take "we don't have one" for an answer. Insist on getting at least a phone # of one who does take such cases. (Go over their heads if you have to and again: Polite but Firm.)

2. Once you've got that, meet up with said lawyer and not only tell him/her what you've told us, but don't forget to bring all the paperwork with you. Lawyers often find things we non-lawyers miss.

3. Listen to what s/he advises, and take notes. Some of these lawyers talk so fast that you may miss a thing or three. Ask questions over what you don't quite understand.

I can see it's going to be hard on you for a while, and I wish you Luck. You're not the only one, btw; I have retained my own lawyer to go up against the government. I'm applying for disability, and I am not backing down 'til I get it.
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smorizio
smorizio

May 14th, 2012, 4:26 pm #3

I... am done with this car. I have tried every damn thing I can to get it to work, and nothing. Six weeks now, and I've been able to drive it for two.

Since the last post, I have swapped out the starter (again) and the battery (also again), pulled off the serpentine belt and made sure everything would turn (it all did) and still nothing.

Tomorrow, I am calling the dealer and telling him to come get the car and send the purchase price back to the finance company. If he won't do that, I'm calling the finance company and telling them to come get it, as I am not about to pay for something that doesn't work. Either way, I'm also calling and canceling the insurance. And I'm still gonna owe the finance company about $1500 for tax, title, and licence.

Seriously, my only other option at this point is to do something really stupid, like drop a tree on the damn thing. Legal Assistance says, "We don't deal with problems like that. Call Consumer Protection." Consumer Protection says, "We don't handle claims related to cars. Call the Department of Transportation." The DOT says, "You bought it as-is. You're screwed."

So, I'm done. Done with the migraines, the churning guts, the lost sleep. However, the two-hour walks home are just starting. Happy, happy, joy, joy.
has anyone check the chain of the car do to the age of the car it may have slipped or snapped. if the timing chain has snapped the card will sound like it trying to run..ie gas and spark will be fine but it wont turn over..had that happen to my old 98 dodge..the belt broke at a stop light..had to tow it and replaced. if the body is good on the car you do have a few options..take the car to engine rebuild shop. if the damage is not to bad the bill may not be that high. the other option if your stuck with the car is to by a buy a new crate engine. it wont be cheap out but you know the engin will last till you pay the car off or till the car rust out.
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Urban Werebear
Urban Werebear

May 14th, 2012, 6:03 pm #4

At this point, I don't have the cash for anything. The best I can do for now is to MAYBE get it to a mechanic and find out what's wrong with it. I'm not even sure I can afford that.
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Bruce Bergman
Bruce Bergman

May 14th, 2012, 7:21 pm #5

You signed a contract, you don't want to breach it lightly and make things a lot worse. FIRST STEP, consult a local Lawyer so you don't just dig the hole deeper.

Don't breach the contract by non-payment, or having no tags or insurance on it, till you do. You might be able to save money by parking the car off-street and getting the registration and insurance suspended to "Non-Operational" status.

Sometimes, just telling the Seller that you've got a good lawyer you're talking to and "Exploring all your options..." and dropping their name can get you a lot more cooperation - now he knows you aren't going to just roll over and give up easily.

If you are having huge mechanical problems with the car, get it inspected for hidden or concealed damage - a good mechanic can tell real fast if that car was involved in a flood, or was in a massive wreck and not fixed properly.

Flood cars will run well for a few months till all the corrosion hits the electrical system - then it'll cost far more than it's worth to fix it right.

And he can probably diagnose exactly what's wrong at the same time if you have to keep it and fix it - even if it take a while to get the money together.

Did the original seller present a CARFAX report on the car? Note: they can get fooled too, you have to get it inspected by a good mechanic who knows what to look for.

There are people who specialize in buying salvage totalled cars from the wreckers, fixing them up cosmetically (but not properly), swapping the VIN Number with another car that never got the title branded or "Laundering" the title when necessary through another state so it isn't branded "SALVAGE" anymore, then flipping them at a Used Car Lot or a private party sale.

You might be able to get the sales contract voided if they misrepresented the car and/or concealed material facts about it's condition and history.

And your car insurance is usually voided if the car has been salvaged, they won't write the policy if they know - the car could split in two going down the freeway and spit 5 or 6 people out on the pavement at 75 MPH into oncoming traffic, and they don't want any part of that liability...
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Snowtroll
Snowtroll

May 14th, 2012, 9:09 pm #6

I... am done with this car. I have tried every damn thing I can to get it to work, and nothing. Six weeks now, and I've been able to drive it for two.

Since the last post, I have swapped out the starter (again) and the battery (also again), pulled off the serpentine belt and made sure everything would turn (it all did) and still nothing.

Tomorrow, I am calling the dealer and telling him to come get the car and send the purchase price back to the finance company. If he won't do that, I'm calling the finance company and telling them to come get it, as I am not about to pay for something that doesn't work. Either way, I'm also calling and canceling the insurance. And I'm still gonna owe the finance company about $1500 for tax, title, and licence.

Seriously, my only other option at this point is to do something really stupid, like drop a tree on the damn thing. Legal Assistance says, "We don't deal with problems like that. Call Consumer Protection." Consumer Protection says, "We don't handle claims related to cars. Call the Department of Transportation." The DOT says, "You bought it as-is. You're screwed."

So, I'm done. Done with the migraines, the churning guts, the lost sleep. However, the two-hour walks home are just starting. Happy, happy, joy, joy.
Did the contract specify 'as is'?

If so, you can forget it.
That's a HUGE 'buyer beware' flag and tells you that you have NO CHANCE in a certain hot place to get your money back.
The only maybe is if you can prove that they doctored it up so that it would fool even an experienced mechanic, and frankly even that is a slim chance.

your options depends entirely on how much money you have left:
1. Have it inspected by a GOOD mechanic for collision or water damage, and if 'clean' repair or replace the engine.
2. Chop it oup for parts and sell online.
3. Sell to a breakers yard, if you can find anyone interested in your car and is willing to collect.

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Urban Werebear
Urban Werebear

May 15th, 2012, 9:39 am #7

You signed a contract, you don't want to breach it lightly and make things a lot worse. FIRST STEP, consult a local Lawyer so you don't just dig the hole deeper.

Don't breach the contract by non-payment, or having no tags or insurance on it, till you do. You might be able to save money by parking the car off-street and getting the registration and insurance suspended to "Non-Operational" status.

Sometimes, just telling the Seller that you've got a good lawyer you're talking to and "Exploring all your options..." and dropping their name can get you a lot more cooperation - now he knows you aren't going to just roll over and give up easily.

If you are having huge mechanical problems with the car, get it inspected for hidden or concealed damage - a good mechanic can tell real fast if that car was involved in a flood, or was in a massive wreck and not fixed properly.

Flood cars will run well for a few months till all the corrosion hits the electrical system - then it'll cost far more than it's worth to fix it right.

And he can probably diagnose exactly what's wrong at the same time if you have to keep it and fix it - even if it take a while to get the money together.

Did the original seller present a CARFAX report on the car? Note: they can get fooled too, you have to get it inspected by a good mechanic who knows what to look for.

There are people who specialize in buying salvage totalled cars from the wreckers, fixing them up cosmetically (but not properly), swapping the VIN Number with another car that never got the title branded or "Laundering" the title when necessary through another state so it isn't branded "SALVAGE" anymore, then flipping them at a Used Car Lot or a private party sale.

You might be able to get the sales contract voided if they misrepresented the car and/or concealed material facts about it's condition and history.

And your car insurance is usually voided if the car has been salvaged, they won't write the policy if they know - the car could split in two going down the freeway and spit 5 or 6 people out on the pavement at 75 MPH into oncoming traffic, and they don't want any part of that liability...
I talked to someone else at the DOT today, and he says I have a good chance of getting the finance company paid off, and recommended a legal firm. I'm going to be talking to them in the morning. I'm also (somehow) getting the car to a third-party mechanic to find the problem and document it for the complaint I'm filing with the DOT.

The dealer did not offer a CARFAX. The car is listed as previously titled in Illinois, and has repaired cosmetic damage. Whether the damage goes deeper is another question; I didn't see anything obvious when I was under it replacing the starter. Admittedly, I wasn't looking, either, and I couldn't get very far under it.

The car is listed as having been on the lot since September of last year, so I'm figuring it probably isn't flood damage. Collision damage, possibly; severe mechanical damage is also possible.
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Urban Werebear
Urban Werebear

May 15th, 2012, 9:51 am #8

Did the contract specify 'as is'?

If so, you can forget it.
That's a HUGE 'buyer beware' flag and tells you that you have NO CHANCE in a certain hot place to get your money back.
The only maybe is if you can prove that they doctored it up so that it would fool even an experienced mechanic, and frankly even that is a slim chance.

your options depends entirely on how much money you have left:
1. Have it inspected by a GOOD mechanic for collision or water damage, and if 'clean' repair or replace the engine.
2. Chop it oup for parts and sell online.
3. Sell to a breakers yard, if you can find anyone interested in your car and is willing to collect.
... according to the person at the DOT who actually knows what he's doing, even an "as-is" purchase contract comes with the expectation of a properly working vehicle, or at least only minor glitches, as opposed to the thirteen days of operation out of six weeks of ownership I got. In other words, the dealer violated the spirit of the contract and therefore should have to remedy the situation.

I'm taking it to a third-party mechanic tomor- I mean later this morning for a full inspection and documentation I can attach to the complaint I'm filing with the DOT.
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smorizio
smorizio

May 15th, 2012, 10:55 am #9

I talked to someone else at the DOT today, and he says I have a good chance of getting the finance company paid off, and recommended a legal firm. I'm going to be talking to them in the morning. I'm also (somehow) getting the car to a third-party mechanic to find the problem and document it for the complaint I'm filing with the DOT.

The dealer did not offer a CARFAX. The car is listed as previously titled in Illinois, and has repaired cosmetic damage. Whether the damage goes deeper is another question; I didn't see anything obvious when I was under it replacing the starter. Admittedly, I wasn't looking, either, and I couldn't get very far under it.

The car is listed as having been on the lot since September of last year, so I'm figuring it probably isn't flood damage. Collision damage, possibly; severe mechanical damage is also possible.
if you have a friend that can run your car in the carfax service it give you some info.
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Snowtroll
Snowtroll

May 15th, 2012, 12:14 pm #10

... according to the person at the DOT who actually knows what he's doing, even an "as-is" purchase contract comes with the expectation of a properly working vehicle, or at least only minor glitches, as opposed to the thirteen days of operation out of six weeks of ownership I got. In other words, the dealer violated the spirit of the contract and therefore should have to remedy the situation.

I'm taking it to a third-party mechanic tomor- I mean later this morning for a full inspection and documentation I can attach to the complaint I'm filing with the DOT.
'As-is' contracts are usually used to sell of 'restoration objects' or cars that will be broken up as parts.

Any driveability, roadworthiness or 'fitness for purpose' is up to the buyer to assess.

An 'expectation' is worth nothing unless it's in written form.

DOT?
Department Of Transportation?
Didn't know they were a 'Consumer Protection Agency'...

If the seller claims that the car was sold with the 'understanding that the car was to be used as a parts donor' any claims to 'expectations' goes straight out the side window.

Just warning you.
Don't want to see you end up having to pay the seller's legal costs if worse comes to happen.

Me?
Bought 2 used cars from dealers, two from private sellers.
Of course, with the first two, I got 3month warranties, and on the last two... I knew what to look for. Even brought OBD-II scanner for use under the test drive. (A USB-based one that you hook up to a small laptop is cheap) Other tools are flashlight and a Voltmeter.

While I'm not a trained mechanic, I know enough to spot a lot of 'problems' and ways to hide them.
Steam-cleaned engine? stay away!
Brand new tires? wanna bet something is wrong with the alignment?
Engine already warm when you come to test drive? Drive away...
(Probably doesn't start easily when cold)
Sometimes, just going down on your knees and sighting along the lines of the car can reveal problems.
One car I tried felt 'too sporty'... I suspected that the ICU had been 're-chipped' at some time in the past. (The registration listed the stock displacement and power, so double the reason to stay away. Didn't want to end up being the schmuck who had to pay the tax of the extra HPs. The other reason was that it wears the engine faster.)
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