Help? Bad CPO
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EkSoni (09-15-2012)
#3
I mean I test drove the car 50-60 mph for a mile on a smooth road nothing was wrong but the next day when I drove it around every bump or uneven surface I drove over caused this clunking type of noise & I called up the dealer right away.. All I want now is to trade it back in without losing a penny & get into a 2012/13
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EkSoni (09-15-2012)
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HEAVY_RL (09-15-2012)
#6
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Depending on miles, dealer must warrant a car for 90 days. I'm not 100% sure, but I believe the axle would be something that would be covered.
http://www.lemonjustice.com/lemon-law/NY_summary.php
http://www.lemonjustice.com/lemon-law/NY_summary.php
Originally Posted by The website above
Summary:
New York’s law requires dealers to provide warranties on all used cars sold for more than $ 1,500 and with less than 100,000 miles. If the vehicle had less than 36,000 miles when sold, the warranty must last 90 days or 4,000 miles. The warranty must provide coverage for certain specified components like the engine and transmission. All states provide a time or mileage minimum for warranties, whichever occurs first.
Details:
NEW YORK (GEN. BUS. LAW § 198-B)
New York establishes a consumer's right to return a vehicle and obtain a refund or replacement if a dealer cannot make a vehicle conform to its warranty after a reasonable number of repair attempts and establishes an arbitration procedure.
Warranty Term
The term of the warranty is based on usage. A warranty must last: 90 days or 4,000 miles if the vehicle has 36,000 miles or less; 60 days or 3,000 miles if the vehicle has been operated more than 36,000 miles but less than 80,000 miles; and 30 days or 1,000 miles if the vehicle has been operated 80,000 miles or more but less than 100,000 miles.
Warranty Coverage
The law requires dealers to provide a written warranty when selling a used motor vehicle that covers certain specified components, including the engine, transmission, drive axle, brakes, radiator, steering, and the ignition system excluding the battery. The warranties may exclude defects due to lack of maintenance, collision, abuse, theft, vandalism, and other specified causes including odometer tampering.
Standard for Returning a Vehicle
A consumer may return the vehicle and obtain a refund if a dealer cannot repair a defect that substantially impairs the vehicles value after (1) the same defect has been the subject of repair three or more times and it has not be corrected or (2) the vehicle has been out of service for repair for 15 days during the warranty period. Days when the dealer cannot make the repair because parts are unavailable do not count toward the deadline if the dealer is exercising due diligence to obtain the parts. But a consumer is entitled to a refund or replacement vehicle if the vehicle has not been repaired after 45 days.
Notification of Rights
The law requires dealers to give buyers a notice entitled, "Used Car Lemon Law Bill of Rights. " The notice describes a consumer's rights under the law. The law makes void any waiver of rights signed by the consumer. Further, the law does not limit in any way a consumer's rights under other laws.
Informal Dispute Resolution
If a dealer operates or participates in an informal dispute resolution procedure that complies in all respects with regulations implementing the federal Magnuson-Moss Warranty Act, a consumer must use the procedure before enforcing his rights to return a vehicle and receive a refund. A dealer has 30 days to comply with an arbitrator's order. If he fails to do so, a consumer, in addition to other recovery, is entitled to $ 25 per business day up to a maximum of $ 500.
Penalty
If the motor vehicles commissioner determines that a dealer failed to comply for over 60 days, he may suspend or revoke his registration.
A consumer who resorted to an informal dispute resolution procedure is not precluded from asserting other legal rights. In suits to enforce this law, the court may award reasonable attorney's fees to a prevailing plaintiff or to a consumer who prevails in any judicial proceeding arising out of arbitration.
Exclusions
The law does not establish a required warranty for (1) vehicles operated more than 100,000 miles (2) sold for less than $ 1,500, or (3) "historical vehicles" as defined in the New York motor vehicle code.
New York’s law requires dealers to provide warranties on all used cars sold for more than $ 1,500 and with less than 100,000 miles. If the vehicle had less than 36,000 miles when sold, the warranty must last 90 days or 4,000 miles. The warranty must provide coverage for certain specified components like the engine and transmission. All states provide a time or mileage minimum for warranties, whichever occurs first.
Details:
NEW YORK (GEN. BUS. LAW § 198-B)
New York establishes a consumer's right to return a vehicle and obtain a refund or replacement if a dealer cannot make a vehicle conform to its warranty after a reasonable number of repair attempts and establishes an arbitration procedure.
Warranty Term
The term of the warranty is based on usage. A warranty must last: 90 days or 4,000 miles if the vehicle has 36,000 miles or less; 60 days or 3,000 miles if the vehicle has been operated more than 36,000 miles but less than 80,000 miles; and 30 days or 1,000 miles if the vehicle has been operated 80,000 miles or more but less than 100,000 miles.
Warranty Coverage
The law requires dealers to provide a written warranty when selling a used motor vehicle that covers certain specified components, including the engine, transmission, drive axle, brakes, radiator, steering, and the ignition system excluding the battery. The warranties may exclude defects due to lack of maintenance, collision, abuse, theft, vandalism, and other specified causes including odometer tampering.
Standard for Returning a Vehicle
A consumer may return the vehicle and obtain a refund if a dealer cannot repair a defect that substantially impairs the vehicles value after (1) the same defect has been the subject of repair three or more times and it has not be corrected or (2) the vehicle has been out of service for repair for 15 days during the warranty period. Days when the dealer cannot make the repair because parts are unavailable do not count toward the deadline if the dealer is exercising due diligence to obtain the parts. But a consumer is entitled to a refund or replacement vehicle if the vehicle has not been repaired after 45 days.
Notification of Rights
The law requires dealers to give buyers a notice entitled, "Used Car Lemon Law Bill of Rights. " The notice describes a consumer's rights under the law. The law makes void any waiver of rights signed by the consumer. Further, the law does not limit in any way a consumer's rights under other laws.
Informal Dispute Resolution
If a dealer operates or participates in an informal dispute resolution procedure that complies in all respects with regulations implementing the federal Magnuson-Moss Warranty Act, a consumer must use the procedure before enforcing his rights to return a vehicle and receive a refund. A dealer has 30 days to comply with an arbitrator's order. If he fails to do so, a consumer, in addition to other recovery, is entitled to $ 25 per business day up to a maximum of $ 500.
Penalty
If the motor vehicles commissioner determines that a dealer failed to comply for over 60 days, he may suspend or revoke his registration.
A consumer who resorted to an informal dispute resolution procedure is not precluded from asserting other legal rights. In suits to enforce this law, the court may award reasonable attorney's fees to a prevailing plaintiff or to a consumer who prevails in any judicial proceeding arising out of arbitration.
Exclusions
The law does not establish a required warranty for (1) vehicles operated more than 100,000 miles (2) sold for less than $ 1,500, or (3) "historical vehicles" as defined in the New York motor vehicle code.
Last edited by Shoofin; 09-15-2012 at 10:36 PM.
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EkSoni (09-15-2012)
#7
Thanks Shoofin, I actually google'd that lol. I'm not worried about it getting fixed or them picking up the tow bill. Car has 7/100,000 powertrain & I believe 3 yrs bumper to bumper. It's just I got this car 4-5 days ago & I probably put 50-100 miles at max on it and it just doesn't make me happy or worry free, cpo to me means no worries.. This is the first car ever that I've bought & have a list of things I'd like fixed already.. Guess explains the "generous" deal I got on this crap.. I'm just hoping I can pick up a 2012 or 2013 Accord without losing anything on this car.
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#8
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Thanks Shoofin, I actually google'd that lol. I'm not worried about it getting fixed or them picking up the tow bill. Car has 7/100,000 powertrain & I believe 3 yrs bumper to bumper. It's just I got this car 4-5 days ago & I probably put 50-100 miles at max on it and it just doesn't make me happy or worry free, cpo to me means no worries.. This is the first car ever that I've bought & have a list of things I'd like fixed already.. Guess explains the "generous" deal I got on this crap.. I'm just hoping I can pick up a 2012 or 2013 Accord without losing anything on this car.
For what it's worth, the '12 and '13 Accords will be different. If you want a great deal, get the '12, but I can bet that it won't be a few months before you see anything good as far as '13 Honda lease programs.
FWIW, the Acura programs now, those are pretty frikkin good.....
PM me for info.
*Warning* My holiday starts tonight, I will not be around at all from tonight until Tuesday night, so if you don't get a response, you know why...
#9
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Join Date: Jun 2012
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Age: 33
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Which car is this that you just got? And which dealer did you buy it from? If you're able to give it back and get your money back and want to get into a new car, I can probably help you, because that's what I do.
For what it's worth, the '12 and '13 Accords will be different. If you want a great deal, get the '12, but I can bet that it won't be a few months before you see anything good as far as '13 Honda lease programs.
FWIW, the Acura programs now, those are pretty frikkin good.....
PM me for info.
*Warning* My holiday starts tonight, I will not be around at all from tonight until Tuesday night, so if you don't get a response, you know why...
For what it's worth, the '12 and '13 Accords will be different. If you want a great deal, get the '12, but I can bet that it won't be a few months before you see anything good as far as '13 Honda lease programs.
FWIW, the Acura programs now, those are pretty frikkin good.....
PM me for info.
*Warning* My holiday starts tonight, I will not be around at all from tonight until Tuesday night, so if you don't get a response, you know why...
#11
Senior Moderator
Why not just get everything broken fixed under warranty? Honestly, it is usually better to know something was bad and fixed correctly than taking chances on another used car you know nothing about.
Some dealers have guarantees for refund within 3 days or so, but my gut tells me you will lose money if you go through with getting rid of the car. Don't forget about taxes and fees.
Personally, I would just have the dealer fix everything. That's what a warranty is for.
If they give you trouble, call Honda.
...or PayPal.
Some dealers have guarantees for refund within 3 days or so, but my gut tells me you will lose money if you go through with getting rid of the car. Don't forget about taxes and fees.
Personally, I would just have the dealer fix everything. That's what a warranty is for.
![2 Cents](https://acurazine.com/forums/images/smilies/2cents.gif)
...or PayPal.
#12
They will only replace the axle apparently I have to wait 30 days to get my warranty going which is bs & I wouldn't go down the used route again would pick upa 2012 brand new one since 13's are in should be able to get a good deal & it's for my sister who has a long commute rather have the peace of mind besides she wouldn't know what to do if something happened
#14
05/5AT/Navi/ABP/Quartz
Sounds like BS and excuses from dealer or we don't have all the facts. With a problem in that short period the dealer can do whatever they want.
Good luck w/ outcome
Good luck w/ outcome
#15
Thanks it got replaced but they won't do the rest of the repairs for now..
Thanks
Well basically the whole warranty needs 30 days to go in effect which is bs and the gm of the dealership won't take the car back even though it almost got me killed just so he could make some money even though I'm clearly giving him business still by wanting a 2012/2013 he wants me to eat a loss of 6000 for a messed up cpo... Like okay I'll eat upto 2000 but 6000 is a little too much. Kind of stuck with this crap till I can get my title and have another dealer take it off my hands for more
Well basically the whole warranty needs 30 days to go in effect which is bs and the gm of the dealership won't take the car back even though it almost got me killed just so he could make some money even though I'm clearly giving him business still by wanting a 2012/2013 he wants me to eat a loss of 6000 for a messed up cpo... Like okay I'll eat upto 2000 but 6000 is a little too much. Kind of stuck with this crap till I can get my title and have another dealer take it off my hands for more
#17
i called honda corp spoke to like 5 different departments including customer relations & well their response was "oh talk to the dealership they defintely will do something" yeah umm that didn't happen.. He's like ill do the small stuff once warranty kicks in & he's ripping me off on the trade by 5000-6000 so um what should I do?
#18
I would put all the details in a clear, concise letter, outlining when you bought the car, the warranty, the CPO, when the axle failed, the dealer's reaction and what they offered and what you would prefer. Something reasonable. You can mention that you feel that, given the circumstances, this was not the car you believed you were buying and would prefer returning it, but you would accept a quicker resolution to a full repair. Then I would send it to Honda, the Better Business Bureau, the state Attorney General and, if it is part of a chain, the dealer's parent company. If you go this route, however, the dealer will likely delay more since it'll want to resolve the issue with the new parties brought in, but it will also know that you're not simply going to take whatever they say.
And when I got some sort of solution, I'd likely contact Shoofin to see if a deal was feasible with a business I felt better deserved my money. As a sidenote, do not write off buying used cars or CPOs. Just remember that some dealers have poor business practices, while others are great. In the future, finding and doing business with one of the good ones will make life much easier.
Edit again - I think you also need to make sure that the dealer's delays and what they are telling you will not negate any options under the lemon law in your state.
And when I got some sort of solution, I'd likely contact Shoofin to see if a deal was feasible with a business I felt better deserved my money. As a sidenote, do not write off buying used cars or CPOs. Just remember that some dealers have poor business practices, while others are great. In the future, finding and doing business with one of the good ones will make life much easier.
Edit again - I think you also need to make sure that the dealer's delays and what they are telling you will not negate any options under the lemon law in your state.
Last edited by Carraway; 09-20-2012 at 09:47 AM.
#19
I would put all the details in a clear, concise letter, outlining when you bought the car, the warranty, the CPO, when the axle failed, the dealer's reaction and what they offered and what you would prefer. Something reasonable. You can mention that you feel that, given the circumstances, this was not the car you believed you were buying and would prefer returning it, but you would accept a quicker resolution to a full repair. Then I would send it to Honda, the Better Business Bureau, the state Attorney General and, if it is part of a chain, the dealer's parent company. If you go this route, however, the dealer will likely delay more since it'll want to resolve the issue with the new parties brought in, but it will also know that you're not simply going to take whatever they say.
And when I got some sort of solution, I'd likely contact Shoofin to see if a deal was feasible with a business I felt better deserved my money. As a sidenote, do not write off buying used cars or CPOs. Just remember that some dealers have poor business practices, while others are great. In the future, finding and doing business with one of the good ones will make life much easier.
Edit again - I think you also need to make sure that the dealer's delays and what they are telling you will not negate any options under the lemon law in your state.
And when I got some sort of solution, I'd likely contact Shoofin to see if a deal was feasible with a business I felt better deserved my money. As a sidenote, do not write off buying used cars or CPOs. Just remember that some dealers have poor business practices, while others are great. In the future, finding and doing business with one of the good ones will make life much easier.
Edit again - I think you also need to make sure that the dealer's delays and what they are telling you will not negate any options under the lemon law in your state.
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