Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby crosbey » Wed Apr 13, 2011 9:52 pm

I purchased my 2005 Honda Accord in Jan of 2011 and here it is April 2011 and the car has been to the shop over 5 times. I purchased the car with 110,558 miles on it and as of now it has like 112,5smthn. I called the car company and of course they are telling me "no there is nothing they can do about it" because I purchased it as it. I called the lemon law ppl no luck there, but I was told that I can talk to a consumer lawyer and file a lawsuit against them as smthn like fraud, because the transmission was bad way before I purchased it. So what im asking is if anyone is having/had the same problems with used cars or if any lawyers can help me because im at my witts end. :(
Thanks
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby pannoowau » Wed Apr 13, 2011 9:55 pm

I'm not a lawyer, and it sounds like you could use some legal advise.
However, to answer your question, if they knew it was bad and sold it to you in that condition they should be responsible. Did you ask them to fix the problem? Did you ask about the Tranny BEFORE the purchase? was their a warranty on the car? you can also file a complaint with the BBB; help others to avoid these issues. Hope this helps :-)
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby christie42 » Wed Apr 13, 2011 9:58 pm

Lemon laws only work for new cars, not used cars.

If the dealership sold you the car "As Is, no Warranty" then they did not make any warranty on the car and are not responsible for subsequent breakdowns.

You would have to prove in court that the dealership knew about the bad transmission and sold you the car anyway without making a disclosure. Even then, you are not guaranteed compensation. No warranty, means that. No warranty.

Honda's are usually good bets for longevity and low repair costs. But, if the previous owner abused the car or you got one of the bad ones, the dealership still would not automatically be at fault. Even if you had bought the car from the previous owner, the previous owner knew about the car's faults and didn't tell you about them, most states follow an as is/where is/buyer beware rule for used car purchases.
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby curran » Wed Apr 13, 2011 10:02 pm

Follow the advice you were given: call about 10 lawyers who practice consumer law and ask for advice. Have all your documentation handy.

Just because you have an As Is contract, doesnt mean you cant sue and win, altho crooked sellers try their best to perpetuate that myth and many buyers fall for it.

Some state laws give the buyer an implied [not directed stated] warranty that overrides As Is terms.

So you may have an implied warranty on you car that it must be fit for driving and free of major defects and not realize it.

It it's not that way, the seller has to make it that way or refund your $. If I had a choice, I'd go for the refund.

This is why you have to get informed on the laws in your state.
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby tripp » Wed Apr 13, 2011 10:19 pm

sorry to say, buyer beware. if they sold it with a warranty than they are obligated to fix it. If it was sold as is than it is your responsibility to cover the repair costs. Next time make sure you have the car looked at by a mechanic and even so, anything mechanical sooner or later will fail.
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby matchitisiw » Wed Apr 13, 2011 10:20 pm

I think your screwed you should always go with someone who knows about cars when purchasing a used vehicle so you don't get into situations like these
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby boynton35 » Wed Apr 13, 2011 10:25 pm

get written estimate for the trnsmission repair/take all the instances that you complained about the car and write them down with the dates and person you spoke to/take all that info and go to small claims court in y our county courthouse/file the claim and wait for court date/if you are renting a car include those times and costs/the dealer will get notice and have to come to court and settle it(been there and done it and won)
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby eddis » Wed Apr 13, 2011 10:29 pm

used cars are sold as is unless there is a specific warranty and things like that happen to cars with 110k on them
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby marmion » Wed Apr 13, 2011 10:33 pm

1. Lemon law is for cars less than 2 years old, and would require having the same problem 3 times or more in those 2 years.
2. The car ran out of factory warranty 74,000 miles ago.
3. You bought the car as-is. That means when you signed on the proverbial dotted line, if there was no mention in the documents that you suspected there was anything wrong with the transmission, and they didn't disclose there were any problems (which they are required to do), you agreed with the dealer that there was no problems. With any auto purchase, you have the right to pay an independent mechanic to inspect the car. If you didn't do that, that's a mistake you made.
4. If anywhere in the paperwork it said something about a possible defective transmission, and you just didn't read it, then it's your fault because you didn't read it. They told you, in writing, as required by the law. If that's the case, then you should read things more carefully before signing them.
5. Even if you did file a lawsuit, there's still the issue of "innocent until proven guilty" that you have to deal with. The burden of proof is on you to provide the evidence that they knew before hand about the faulty transmission and didn't inform you or try to correct it.
6. Caveat Emptor is in full effect at this point.
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Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

Postby jomei69 » Wed Apr 13, 2011 10:36 pm

No because it was your job too look over the car, ask questions, etc. Anyways it's a used car so you definately should've done those things.
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