Need help! Just purchase a bad used car!
10-02-2008, 01:14 AM
#1
Burning Brakes
Thread Starter
Need help! Just purchase a bad used car!
Re:
http://sacramento.craigslist.org/cto/851123960.html
1988 Mazda Rx7 5-speed, sunroof, new tires, awesome paint, clean motor, body, interior and title. 102,000 miles. Passenger side window will not roll up, but I have the motor. Other than that this is a great car all around. One owner. Please call (xxx) xxx-xxxx. Thank You
-------
brother to my girlfriend, purchased the car and drove home, car died half way home, saw gas on empty, so pushed car to gas station of Franklin and Florin in Sacramento, CA. Was unable to restart car and contact my father, describe situation, father said possible fuel pump failure. So had it towed home to my address. Father diagnosed the car and determine that the car has a blown head gasket for the motor. Due to it being a rotor type motor, it will cost more than $1000 to fix. Per advertisement "clean motor and great car all around". I don't think the advertisement did not describe this car at all. I am currently in contact with the seller but the seller doesn't seem very willing to refund the money.
I did a google of seller's contact # and found another listing: sacramento.craigslist.org/cto/838016605.html
Just wondering if you can offer any help. Thanks.
Anh Khoa Tran
http://sacramento.craigslist.org/cto/851123960.html
1988 Mazda Rx7 5-speed, sunroof, new tires, awesome paint, clean motor, body, interior and title. 102,000 miles. Passenger side window will not roll up, but I have the motor. Other than that this is a great car all around. One owner. Please call (xxx) xxx-xxxx. Thank You
-------
brother to my girlfriend, purchased the car and drove home, car died half way home, saw gas on empty, so pushed car to gas station of Franklin and Florin in Sacramento, CA. Was unable to restart car and contact my father, describe situation, father said possible fuel pump failure. So had it towed home to my address. Father diagnosed the car and determine that the car has a blown head gasket for the motor. Due to it being a rotor type motor, it will cost more than $1000 to fix. Per advertisement "clean motor and great car all around". I don't think the advertisement did not describe this car at all. I am currently in contact with the seller but the seller doesn't seem very willing to refund the money.
I did a google of seller's contact # and found another listing: sacramento.craigslist.org/cto/838016605.html
Just wondering if you can offer any help. Thanks.
Anh Khoa Tran
10-02-2008, 01:58 AM
#2
In the Mid-South meow
iTrader: (2)
Unless you got in writing that the car is waranteed, you're pretty much up a creek with no paddle unless the seller has a heart and honestly didn't know the head gasket was blown. Unfortunately it's too late to go back and have a qualified person inspect the car. Clean engine does not always mean working engine and I find it interesting he described it as clean and not runs great or something along those lines.
I did look up California Lemon Laws and basically in the FAQ section this is what it states:
I did look up California Lemon Laws and basically in the FAQ section this is what it states:
Do used cars qualify under the Lemon Law?
YES. A used car can qualify under the Lemon Law as long as it was sold with a written warranty and the vehicle was purchased primarily for personal, family, or household purposes. Sometimes a used vehicle is sold with two warranties, one from the dealer and one from the manufacturer.
If the vehicle was sold "as-is" or "with all faults" the Lemon Law probably will not apply, unless the vehicle was a former "lemon law buyback" and this was not properly disclosed to the purchaser.
YES. A used car can qualify under the Lemon Law as long as it was sold with a written warranty and the vehicle was purchased primarily for personal, family, or household purposes. Sometimes a used vehicle is sold with two warranties, one from the dealer and one from the manufacturer.
If the vehicle was sold "as-is" or "with all faults" the Lemon Law probably will not apply, unless the vehicle was a former "lemon law buyback" and this was not properly disclosed to the purchaser.
10-02-2008, 02:02 AM
#3
I'm sure you are referring to the apex seals on a rotary engine. Yes, they are expensive to repair and a well known weak spot on most rotary, or wankel, engines.
Unfortunately I don't think there is much you, or your girlfriend's brother, can do in this instance. I'm sure the seller probably sold the car with no guarantees or warranties implied. And of course there is the question how the new owner drove the car home. Did he have a mechanical inspection performed before buying the car?
As lousy at seems, even if the seller misrepresented the car, and the new owner has already paid in full with no warranties implied by the seller the new owner is basically responsible for it. Try to reason with the original seller to see if he will compensate your friend for a portion of the repairs. If that fails, I really don't think anything else can be done.
Good luck.
Terry
Unfortunately I don't think there is much you, or your girlfriend's brother, can do in this instance. I'm sure the seller probably sold the car with no guarantees or warranties implied. And of course there is the question how the new owner drove the car home. Did he have a mechanical inspection performed before buying the car?
As lousy at seems, even if the seller misrepresented the car, and the new owner has already paid in full with no warranties implied by the seller the new owner is basically responsible for it. Try to reason with the original seller to see if he will compensate your friend for a portion of the repairs. If that fails, I really don't think anything else can be done.
Good luck.
Terry
Trending Topics
10-02-2008, 07:59 AM
#8
Hate to pile on the negativity here, but everyone above is right. Unless you have a bill of sale stating there is a warranty from the seller, the car is sold "as is" which means you are SOL. In the future you should always have a car inspected before buying, especially if buying from an individual.
BTW, the fact that the ad says "clean motor" doesn't mean anything. For all you know he could have just been saying it doesn't have much dirt on it. Also, the owner can just say that as far as he knew the car was fine and he had no problems with it. There's no way you can prove otherwise.
Anyway, bottom line, without a written warranty from the seller, nothing you can really do.
BTW, the fact that the ad says "clean motor" doesn't mean anything. For all you know he could have just been saying it doesn't have much dirt on it. Also, the owner can just say that as far as he knew the car was fine and he had no problems with it. There's no way you can prove otherwise.
Anyway, bottom line, without a written warranty from the seller, nothing you can really do.
10-02-2008, 08:03 AM
#9
Senior Moderator
May want a shop that specializes in rotaries. Bur other than that as others said, your SOL. Private sales are typically deemed as "AS IS"
10-02-2008, 08:21 AM
#10
Trolling Canuckistan
Lemon laws vary by state, do some research on how the laws work in your state.
Last edited by black label; 10-02-2008 at 08:23 AM.
10-02-2008, 08:31 AM
#11
Looks like if you bought it from a dealer you may have some recourse... but individual to individual... not so much...
http://ag.ca.gov/consumers/general/lemon.php
================================================== ==========
Coverage For Vehicles That Are Not "New"
Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.
A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.
For complete advice concerning your legal rights, you should consult your own attorney.
================================================== ==========
http://ag.ca.gov/consumers/general/lemon.php
================================================== ==========
Coverage For Vehicles That Are Not "New"
Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.
A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.
For complete advice concerning your legal rights, you should consult your own attorney.
================================================== ==========
10-02-2008, 08:44 AM
#12
That sucks. Did you guys do a thorough test drive and inspection before you bought it? Can't really tell if the head gasket (or apex seal, w/e) is bad just by looking at it but if you test drive it and the temp gauge is all weird then you would have known. Or it could have just been bad luck, previous owners never rebuilt it or replaced the seals and it just happened to crap out right on the drive home.
You're screwed pretty much
You're screwed pretty much
10-02-2008, 09:41 AM
#14
The Box
Wow. I'm sorry to hear that... Private sales are always AS-IS and there is never any kind of warranty implied. I doubt the previous owner will want to do anything about this...
I'd start looking for a shop.
I'd start looking for a shop.
10-02-2008, 11:59 AM
#17
Suzuka Master
That sucks. Did you guys do a thorough test drive and inspection before you bought it? Can't really tell if the head gasket (or apex seal, w/e) is bad just by looking at it but if you test drive it and the temp gauge is all weird then you would have known. Or it could have just been bad luck, previous owners never rebuilt it or replaced the seals and it just happened to crap out right on the drive home.
You're screwed pretty much
You're screwed pretty much
I don't know for sure, but with a young guy buying a sportscar, I would STRONGLY suspect he was "testing it out" a bit on the drive home.
On a 20 year old car with a rotary engine and 100K+ miles, this is a pretty typical repair. I don't think the seller really owes him anything, unless he really did know the thing was about to go, which he probably did not.
10-02-2008, 12:12 PM
#18
The sizzle in the Steak
Buyer beware. Chalk this one up to one of life's little lessons.
10-02-2008, 09:18 PM
#21
The ICEMAN
Join Date: Sep 2006
Location: York, PA
Age: 36
Posts: 778
Likes: 0
Received 0 Likes
on
0 Posts
10-06-2008, 05:54 AM
#23
used car = sold as is unless you got written contract stating otherwise....
10-06-2008, 09:51 AM
#24
Trolling Canuckistan
Thread
Thread Starter
Forum
Replies
Last Post