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.
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Used Car Purchase
- Thread Starter Alski412
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jharris352
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You do have a certain amount of duty to inspect the vehicle yourself. The "Check Engine Light" being on it sort of hard to miss, did you not see it? This sale, unlike most used car sales, was not an "as-is" sale. As such I think you can take the owner to court and recover your costs to repair or force him to repurchase the vehicle.
His limited warranty is no good, that is your main objection. I'm sure one of you main reasons for purchasing the vehicle was that it came with a limited warranty and had recently passed inspection. I doubt seriously that it actually passed inspection and if it did, the inspector must have been crooked.
Go to small claims court and write out a complaint that is similar to what you have told us today and you should win the case.
His limited warranty is no good, that is your main objection. I'm sure one of you main reasons for purchasing the vehicle was that it came with a limited warranty and had recently passed inspection. I doubt seriously that it actually passed inspection and if it did, the inspector must have been crooked.
Go to small claims court and write out a complaint that is similar to what you have told us today and you should win the case.
Thank you. You have been helpful. However, perhaps I should have mentioned that we paid $9195 for this vehicle. Total out-the-door cost were $9915. Would this still qualify for small claims court? Also, I have been well documenting everything, but do you feel that I should still get a lawyer. And if so, would the auto dealer be responsible for covering my legal cost? I have done all that I can to reason with him short of taking legal action. Thank you so much for your time and assistance.
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jharris352
New Member
Total claim limit in PA is $8,000 out side of Philly and $10,000 inside of Philly. If you are not in Philly you probably will not be able to bring the claim in small claims court because it exceeds the jurisdictional limits. If you do bring it in regular court I would suggest an attorney. He/she will send demand letters first trying to avoid litigation and then if litigation is necessary they can try to recover legal fees. Consult an attorney to find out.
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