Used Car Lemon Recourse

[noahvk]

My girlfriend bought a used 2002 Volkswagon Passat yesterday in the Chicago suburbs. She bought the car "as is" with no warranty. About 15 minutes after driving the car off the lot, an oil sensor went off saying to stop driving the car immediatly. She pulled over right away and had the car towed back to the dealer. I've done some research and the problem is apparently a manufacturing defect that is fairly well documented around various VW forums, with the solution more often than not being complete engine replacement at a cost of around $8000.

She hasn't spoken to anyone at the dealership yet, as it's Sunday, but I was just wondering if anyone could tell me what she needs to expect tomorrow and what the laws are regarding used cars.

 

[irish223]

If she bought the car "as-is" she's probably out of luck.

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1368

Second, if you bought the car "As Is" the dealer does not have to repair your car. A dealer must disclose the fact that the car is sold "As Is" and that you as a buyer must pay for all repairs to the car. The dealer may still have made promises to you during the sale that might amount to a warranty. Consult an attorney to determine your rights.

Finally, if a dealer refuses to fix the car as required by either the service contract or warranty, there are other legal options that are available. You can sue the dealer for breach of contract, or other violations of law.*You will probably need a lawyer to do this. See the last page of this pamphlet for where to find a lawyer.

MYTH:*A car buyer has an automatic right to cancel the contract if the car breaks down. Not true! A car buyer might be able cancel a contract if the car breaks—if she received a warranty or purchased a service contract--but only if the dealer refused to honor the warranty or the service agreement.

 

[jacksgal]

The link below desribes your states "Lemon Laws" read through it to see if this vehicle fits into your states Lemon Law guidelines


http://www.illinoisattorneygeneral.gov/consumers/lemonlaw.html

 

[irish223]

Unfortunately, Illinois' Lemon Law only applies to new car purchases.

 

[jacksgal]

I didnt read through it just found it an posted it. Hopefully OP's dealer will work with them on this

 

[presutin]

Irish is right. It does not cover used cars. Since the transaction was "As-Is" she is SOL.

 

[noahvk]

I've been doing some more research and apparently there was a class action lawsuit filed against VW for the exact problem that my girlfriend had with her car. Is there any law that requires a dealership to provide this information to the seller? I think basically what happened is that VW sent out a letter after the suit explaining the situation and saying that only synthetic oil can be used as well as changing the orginal oil change interval's from 5000 to 3000 miles.

 

[irish223]

Hopefully OP's dealer will work with them on this

I agree, and if not, keep an eye out for a recall if the problem is as widespread as believed.