Used Car Purchase

[Alski412]

We bot used truck Nov 3. Truck said to be PA State inspected 10 days prior to our purchase. Seems to run fine on test drive. Came w/ 90day/3500 mi warranty. Nxt morning power steering fluid leaking profusely (this would fail it for State Inspctn). Next day we have to replace battery. When taken to mechanic on Nov 10, he finds 3 additional areas that would fail the truck for State Inspctn (leaking axel fluid,rust holes in floor boards, Check engine light on) plus several other serious problms. We ask Dealer to buy back vehicle. He refuses. Warranty Insurance Adjuster quite understandably does not want to honor warranty as breakdowns were present at time of sale, and Insurnce is for future breakdowns. Should we be entitled to a buy back of the truck as it was grossly misrepresented - especially when it was said to be State Inspected 10 days prior and yet 2 mechanics within a week of our purchase say they would fail this truck for State inspection in at least 4 areas.

 

[Michael Wechsler]

I don't quite understand. If the truck was inspected, perhaps there is a relationship with the inspection garage and this particular dealer.

My thoughts:

1) Were the breakdowns apparent at sale? What does the warranty say? If it's warranted for the future, then it's under warranty and they have no choice but to honor them.

2) I might have a conversation with the seller and let the dealer know you plan to investigate the relationship he has with the garage, if what you are telling me is so highly suspect. I'd also have a conversation with the inspector to let him/her know I plan on bringing this to the attention of the state and state attorney general as to how this truck could possibly have passed inspection.

3) If I sued, I would sue all three (small claims if possible) - first I'd send a demand letter first.

Perhaps someone will break first...

 

[chrisrich]

The prof seems to be on the same track as me. Warranty is warranty and they shouldn't be able to sidestep saying it was "as sold" unless they want to prove that it was.

If they do the legwork for proving it was "as sold" for you then it's that much easier to take after the inspectors or the dealer.

I just took a look at this car warranty site and they really don't seem to define "as sold" very well and I'd have to wonder if your warranty provider isn't in the same boat.

So I'd start on the warranty and move forward from there since it sounds like you're covered one way or another. With any luck one of the parties at fault will either make things easy on you or do some of the leg work as they try to wiggle free?