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lemon law, but no warranty?


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#1 nikki.nicollette

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Posted 08 May 2013 - 12:41 AM

i bought a 2006 volkswagen gti 22 days ago, and about 1,100 miles ago. i bought it as it/no warranty. i went to get my oil changed two weeks after buying, the car had no oil in it, filled it up with synthetic oil which is the correct oil and the next day it started pouring smoke out of my exhaust. i brought it into my mechanic and the oil was already completely gone. he said the number four cylinder is shot, it leaks all the oil right out, the valve, spark plugs, water pump, and timing belt all are completely shot also. i am wondering if i have any legal standing in the situation...? my mechanic said there's no possible way i could cause that damaged especially when i put oil in it right away. lemon law i believe only applies to people who had warranty's??  i'm 19 working full time plus more, and this cost 2,500. please tell me there something i can do, well be honest. any suggestions help.


 



#2 doucar

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Posted 08 May 2013 - 12:47 AM

A perfect example of why you should have a used car inspected by a mechanic before you buy.  If you bought it "as is", which is how most used cars from private parties are sold, you are stuck with it.  In most states, Lemon Laws apply only to new cars, but you didn't mention your state.



#3 nikki.nicollette

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Posted 08 May 2013 - 12:52 AM

A perfect example of why you should have a used car inspected by a mechanic before you buy.  If you bought it "as is", which is how most used cars from private parties are sold, you are stuck with it.  In most states, Lemon Laws apply only to new cars, but you didn't mention your state.

im in the state of california. and i realize i made a mistake but im an 19 year old woman doing this on my own, not easy for me, i just need to know if there is any standind



#4 doucar

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Posted 08 May 2013 - 02:10 AM

Any standing for what? 



#5 adjusterjack

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Posted 08 May 2013 - 05:38 AM

im in the state of california. and i realize i made a mistake but im an 19 year old woman doing this on my own, not easy for me, i just need to know if there is any standind

 

If you mean could you successfully sue somebody the answer is no.

 

It's a 7 year old car probably with close to, or over, 100,000 miles on it.

 

It's a hard lesson to learn but you will have to find the money to fix it, or junk it and buy something else.


Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 jgower

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Posted 08 May 2013 - 07:11 AM

Did you purchase the car from a dealership/used car lot, or from an individual not in the car business?

If you bought it from a business, you might go over your sale paperwork to see if there is any indication of a warranty, but since you said you bought the car "as is" (which means in the condition as you see it when you buy it) it is doubtful you have any basis for any recovery. "As is" prices reflect the condition of the car. The "blue book" value for a 2006 VW GTI is about three times what you paid, so it would be difficult to imagine that you could expect a perfectly-running car at that price.

If you bought it from a private individual, you have no recourse. You can't expect someone who is not an automobile professional to have expertise on autos.

#7 Guest_FindLaw_Amir_*

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Posted 08 May 2013 - 07:59 AM

You may want to visit the California Department of Consumer Affairs: Car Buyer's Bill of Rights as a good resource.



#8 Tax_Counsel

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Posted 08 May 2013 - 09:37 AM

The "lemon laws" of nearly every state apply only to new car purchases, not used cars. California's law has provisions that apply not only to new cars but also to any used car purchased with a warranty. You can read a summary of the California lemon law from the California Attorney General's Office here:

http://oag.ca.gov/co...s/general/lemon

 

California also has a "car buyer's bill of rights law" that gives you some other rights when buying a used car from a dealer.

 

Used cars are not required to be sold with a warranty. If you buy the car “as is,” as you evidently did, then you are taking the car in whatever condition it is and that means all the problems with the car are yours to deal with. That means when buying any used car, you really need to have it inspected by an independent mechanic whom you trust so you have a pretty good idea of what problems might be lurking under the hood. Sellers are not required to disclose all the defects in the car they are selling; dealers have a few things they must disclose in CA, like whether the car was salvaged, but they do not have to disclose ordinary mechanical problems with the car.

 

That said, the seller may not commit fraud or misrepresentation in the sale of the car, meaning that the seller can't tell you, for example, that the brakes are brand new when, in fact, they aren't. If the seller committed fraud in the sale of the vehicle, you'd have recourse for that. Otherwise, you are probably stuck with this purchase and will have to try to make the best of it.



#9 ptownrealtor

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Posted 31 January 2014 - 09:50 PM

two potential issues that have not been mentioned. 

 

Your age when you purchased the car. 

 

And what were the representations the seller made about the car? 

 

Did the seller say there are no issues with the  car  etc? 

 

If you were 18 when you purchased the car you could potentially disafirm the sales contract. 

 

If the seller said there are no issues with the car we have had it checked out you could potentially have a fraud cause of action .



#10 LegalwriterOne

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Posted 31 January 2014 - 10:08 PM

At 18, you are an adult in CA so there's no disaffirming the contract.  The contract she signed is likely the same form used by all dealerships and they make it very clear whether there is a warranty or if the sale was "as is," so it's caveat emptor.   She could have had the vehicle inspected by a mechanic of her choosing before signing on the dotted line.  Verbal representations by salespeople are considered puffing.  All the terms of the transaction were spelled out in the contract and if she signed it without thoroughly reading it and understanding it, that's a hard lesson she's just learned. 



#11 Tax_Counsel

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Posted 01 February 2014 - 06:35 PM

 If you were 18 when you purchased the car you could potentially disafirm the sales contract. 

 

According to the facts in the original post, she was very likely 19 at the time of purchase; she said she was 19 as of the time she wrote the post and she had bought the car just 22 days prior. In nearly every state (including California), age 18 is the age of majority, so even at 18 she would be unable to disaffirm the contract based on minority. 

 

 

Verbal representations by salespeople are considered puffing. 

 

Some are, but not all. Puffing refers to general statements of opinion concerning the car. Thus, puffing includes statements like “this is a great car” and “you won’t find a car with a smoother ride.”  But misrepresentations of specific material facts are not puffing. Repeating my earlier example, telling the buyer “the brakes on this car are brand new” when in fact they are not may amount to fraud or misrepresentation and a buyer may have recourse for that. 



#12 LegalwriterOne

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Posted 02 February 2014 - 07:30 AM

I know you don't know this Tax because you've never bought a car in CA but all sales by car dealerships in CA are by written contract and they are extremely detailed, requiring the buyer's initials in multiple places.  The OP purchase was at a dealership so it was also a written contract.  "AS IS" is stamped in very large red letters on those contracts as is the highlighted box that says there is no cooling off period.  The only thing that would void the sale in CA is if the car did not have a current smog certificate.  Use car dealerships buy the cars at auction, clean them up, smog them, and sell them as fast as they can.  This OP is not the only victim but it's a lesson learned. 



#13 honestcarguy

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Posted 07 February 2014 - 09:02 AM

I am The General Sales Manager of a dealership. While the Lemon Law in CA. only applies to new cars, you do have a route to go, though not very appealing. Your post is a little vague with respect to whether you purchased this vehicle at a new car dealer or a used car dealer. If you purchased from a new car dealer you will have a much better chance of getting the management to help you out. If purchased elsewhere you are going to be pretty much scr**ed. The typical new car dealer has much more to lose through bad word-of-mouth and therefore will be more amenable to help you. You are going to have to go through the chain of command however. Start by talking with your salesperson and work your way up. Once it gets to a person like me, I am going to take care of the customer no matter what. Hope this helps.






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