Buying a Lemon

[Mikey_008]

My buddy just recently bought a car. And the thing is he kinda rushed into it. The person he purchased the car from was private, and at the time when he test drove the car, it seemed fine! The car ran quiet, body was good etc.

Also the dude selling the car said that he got the car inspected and showed him the papers saying that the car is fine.

So my buddy went and purchased the car....but when he drove it home, he found out that the car had all these problems to it....now he's in a dilemma and he doesn't know what to do??

Any advice?

[viffer]

Buyer beware.

hope the car wasn't too expensive.

[Raz]

you might want to be ALOT more specific. What car, what year, how many km, how much money was paid, what problems, etc?

[Weapon_R]

Tell your buddy to enjoy his new car. A buyer should exercise diligence when buying a used vehicle. Sounds like he didn't even get a basic inspection.

People will argue about Amvic laws etc, but its really his word against the seller's, and unless he can prove that the problems were apparent before he purchased, he's screwed.

Of course, if he can prove that there were problems with the vehicle prior to purchasing, the obvious question that any one would ask is "why did he purchase it".

[rockym20]

As it was a private sale, AMVIC has no authority. Basically, your buddy is screwed. Thats the risk with used cars...

[Mikey_008]

94 Civic Hatch

Car costed him $3900 w/ 189,000 km, and problems list from:

- front end frame damage that seems to be ghetto repaired
- under body rust!
- white paint overspray everywhere
- heat does not work
- Notice a bunch of bondo on the right rear quarter panel
- Fuel lines are leaking


Hopefully that's all the problems with it!

[Raz]

Now, why would he buy a car with all these problems? Heat not working could either be a switch or something simple. Did he not look at it in the daylight? FRAME Damage? Does a civic even have a frame? I thought it was unibody!

And who pays 3900 bucks for a '94 with semi high mileage?

Sorry, but your buddy is kind of a chump :(

- Rasmus

[lastprodigy]

Originally posted by Raz
Now, why would he buy a car with all these problems? Heat not working could either be a switch or something simple. Did he not look at it in the daylight? FRAME Damage? Does a civic even have a frame? I thought it was unibody!

And who pays 3900 bucks for a '94 with semi high mileage?

Sorry, but your buddy is kind of a chump :(

- Rasmus

acttually a 94 with that many km would be considered low....damn honds fetch soo much used....either way....good luck proving it i mean try contacting the seller and what not but i doubt hes gonna give him his money back......there have been so many threads about this lately....pay the 100, 200 whatever it is and thouroughly check out the car...do not take the sellers word forit!

[94SSEi]

Unibodies still have portions of a frame, it's usually just the floorpan that doesn't have a frame under it (generally speaking).

Anyways these are all VERY noticible problems in a vehicle, needs to be more observant next time, and try ALL functions (ie heat, AC, cruise, radio, power things, EVERYTHING).

Caveat Emptor = Buyer Beware

[FiveFreshFish]

Originally posted by Mikey_008
- front end frame damage that seems to be ghetto repaired
- under body rust!
- white paint overspray everywhere
- heat does not work
- Notice a bunch of bondo on the right rear quarter panel
- Fuel lines are leaking

Sadly, the bolded items are things he should have easily spotted without an inspection.

That said, it's always best to get your own inspection done.

[Team_Mclaren]

did he lie in his inspection? that's the only way i can think of that your buddy will actually have a chance against the seller. If not then like everyone else said, good luck

[Mikey_008]

Well i'm not sure what he's gonna do....he's still talking to that guy who sold him this lemon...but I don't think it's gonna go anywhere?

I believe the inspection was a scam! Cuz on the papers, it says the car was a good car...meaning it passed. But it should not have passed even it only had fuel lines leaking! I say he paid the mechanic under the table to pass this car!


Raz:

I think you're the chump! Stop trying to make it seem like you know everything. According to lastprodigy and 94SSEi.... you DON'T!!!!:bullshit:

[Lo)2enz0]

same thing happened to me when i bought my mkIII golf. showed me inspection papers from a month before, said it had been sitting there for about 4 months since he bought his celica. turned out that the engine had a crap load of problems. i drove it home and thats about it, the car has been to VW and thats about it. after sitting for a couple of months now it won't even start. i don't even want to look at it I was so pissed off

[Weapon_R]

How long has your friend owned the vehicle for?

[Mikey_008]

Less than two weeks i say??

[Raz]

Originally posted by Mikey_008

Raz:

I think you're the chump! Stop trying to make it seem like you know everything. According to lastprodigy and 94SSEi.... you DON'T!!!!:bullshit:

Yes, I'm the chump because I bought a car for four grand that sucks, right?

Right.

[Team_Mclaren]

Originally posted by Raz


Yes, I'm the chump because I bought a car for four grand that sucks, right?

Right.

you're not helping, so why are you posting:rolleyes:

[Das_Amaretto]

Did this car come off a guy named Levi? Sounds liek his kinda werk....

[Raz]

Originally posted by Team_Mclaren


you're not helping, so why are you posting:rolleyes:

Well, the last post was directed towards me, so I felt as if I had to reply ;)

I initially wanted to help, hoping the problems were minor and that I could find a solution for him, but then the problems were so severe that I was surprised nobody would have 'noticed' them?

- Rasmus

[Celica TVS3]

If he lied on the inspection it would be fraud. Tell your buddy to inform the seller that he knowingly misrepresented the condition of the automobile, and used a fraudulant document to support his claims. Then get your body to say he wants his money back for the car. If the seller doesn't give the money back (likely) get your buddy to say theaten to contact a lawyer. Have a lawyer draft a letter thretening a lawsuit.

The guy he bought the car from is likely a bum and has no assets, therefore even if you won a law suit there would be nothing to collect. The goal would be to spook him into giving you the cash back to avoid a hassle.

-Aaron

[rockym20]

If the bill of sale includes an "As Is" condition, then it doesn't matter if he misrepresented the car. "Caveat Emptor" - let the buyer beware. It is up to the buyer to make sure the car is in adequate condition, no matter what the vendor says.

As you didn't order the inspection, and it was a month old when you bought the car, you can't even go after the mechanic who inspected the car (I'm pretty sure all mechanics are supposed to be part of AMVIC now). The mechanic can just say that all of these problems must have been done between the time of the inspection and the time you bought the car.

HOWEVER... if you are under 18, there is case law out there that will give you the ability to go back after the seller. Basically, the courts may see it as the vendor taking advantage of a minor. It would likely mean a lawsuit. I would suggest that if you are a minor, get estimates for all of the repairs and take the seller to small claims courts for the cost of the repairs.

As I said before, if you are an adult, you are SOL. Suck it up and take it as a learning experience. Just be glad the car was as cheap as it is and repairs for an old Honda are relatively inexpensive.

[rc2002]

Originally posted by Mikey_008


I believe the inspection was a scam! Cuz on the papers, it says the car was a good car...meaning it passed. But it should not have passed even it only had fuel lines leaking! I say he paid the mechanic under the table to pass this car!



I doubt it was a scam. Mechanics can be liable if they sign inspection papers. No mechanic is going to want to risk losing his license over a stupid inspection. I would actually try talking to the mechanic on the papers and see what he says.

[davidI]

Originally posted by rockym20
If the bill of sale includes an "As Is" condition, then it doesn't matter if he misrepresented the car. "Caveat Emptor" - let the buyer beware. It is up to the buyer to make sure the car is in adequate condition, no matter what the vendor says.


'As is' doesn't hold up in court. Kinda pointless really.

[Mikey_008]

Originally posted by Raz


Well, the last post was directed towards me, so I felt as if I had to reply ;)

I initially wanted to help, hoping the problems were minor and that I could find a solution for him, but then the problems were so severe that I was surprised nobody would have 'noticed' them?

- Rasmus

You think you're helping? WOW...you have a pretty unique way of helping compared to the rest of the ppl on here!! What did I ask for? ADVICE!!!! Have you read the other ppl's replies on here? All of them EXCEPT yours have been advices and knowledge. In case you haven't realized, you're comments made aren't helping at all!!!!
SORRY if the car my friend bought is NOT perfect. WTF do you expect for a old car?

I say if you really wanted to help...than stop trying to make it seem like you're such a smart a$$...and STFU!:drama:


Thanks to everyone else for the words of wisdom!!:thumbsup: :thumbsup:

[Mikey_008]

Originally posted by richardchan2002


I doubt it was a scam. Mechanics can be liable if they sign inspection papers. No mechanic is going to want to risk losing his license over a stupid inspection. I would actually try talking to the mechanic on the papers and see what he says.


Actually I heard about this type of thing happening all the time! The mechanic and buyer would come to an agreement that if something goes wrong, than he's not held reliable in the end!

[Mikey_008]

Originally posted by Das_Amaretto
Did this car come off a guy named Levi? Sounds liek his kinda werk....

No some guy named Thomas!:guns:

[rockym20]

Originally posted by davidI


'As is' doesn't hold up in court. Kinda pointless really.

Since when?

[l8braker]

shit man :( sounds like your buddy let his emotions take over and got desperate.... happend to me with my first prelude. just be glad that it didn't crap out in -30 weather.. tell him to fix it up if it's worth it, or sell it for parts and chalk it up in a lesson catogory... sucks but it's true.

[davidI]

Originally posted by rockym20


Since when?

since always. Those Lemon-aid books point out some case that basically sets precedent that 'as is' means jack shiz.

[tapout]

Originally posted by Das_Amaretto
Did this car come off a guy named Levi? Sounds liek his kinda werk.... :werd: he is a shaddy bastard

[rockym20]

Originally posted by davidI


since always. Those Lemon-aid books point out some case that basically sets precedent that 'as is' means jack shiz.

Most of the Lemon-Aid stuff I have ever read deals with consumer/dealer relations, not private sales.

In Alberta a private sale is not regulated under the Fair Trade Act, and "As Is" means "As Is":

Alberta Gov't Link - look under Private Sale (http://www3.gov.ab.ca/gs/information/consumer/reality_choices/Drivers/pdf/drivers.pdf)

Unfortunately, the AMVIC site appears to be down. Otherwise I would link you to their page as well.

[Mikey_008]

Originally posted by tapout
:werd: he is a shaddy bastard


haha...I dunno i didnt meet the seller!

But my buddy is still trying to get he money back...or i have no idea on what he's doing next? At first he wants to resell the car. But consider all these problems, there is NO way he can break even....the car is basically good for parts or driving off a cliff!!

[davidI]

Originally posted by rockym20


Most of the Lemon-Aid stuff I have ever read deals with consumer/dealer relations, not private sales.

In Alberta a private sale is not regulated under the Fair Trade Act, and "As Is" means "As Is":

Alberta Gov't Link - look under Private Sale (http://www3.gov.ab.ca/gs/information/consumer/reality_choices/Drivers/pdf/drivers.pdf)

Unfortunately, the AMVIC site appears to be down. Otherwise I would link you to their page as well.

I'm not arguing that private sales are buyer beware and the car is 'as is'.... my point is that writing 'as is' on the sale card means nothing. It won't protect the seller from fradulent misrepresentation of the vehicle in court. This lemon-aid book deals with Used vehicles...and I was just reading it a few nights ago because i'm in the market. I'm at the office right now but when I get a chance I'll look it up again and see what it says to make sure I remember correctly.