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-   -   Private Party sells used car as is in good condition, everything breaks! (https://www.askmehelpdesk.com/showthread.php?t=293915)

  • Dec 19, 2008, 12:36 PM
    DMBchica17
    Private Party sells used car as is in good condition, everything breaks!
    I bought a used subaru in California, the first day noticed, minor wheel noise when going over 45 and cracked rubber door and window insulation,also check engine light was on and not smogged but in the bill of sale she wrote "as is buyer will take care of smog and tires" for 11 hundred I figured it was a good car because the owner said she did regular maintinence
    The woman who sold it to me marked it as "strong" and had a "clean bill of health" but because the light was on I couldn't get it smogged and since last week the alternator broke, the battery died, I had found out it was a salvaged vehicle and the seller didn't tell me anything would be a problem. In fact she told me specifically that she"did not think that any work would need to be done this season"
    Now, because of those two little words as is I want to know if I have any rights to come at her with a reasonable problem? I would like some money for the repairs seeing as I bought it a week ago? What can I do?
  • Dec 19, 2008, 12:42 PM
    JudyKayTee
    Quote:

    Originally Posted by DMBchica17 View Post
    I bought a used subaru in california, the first day noticed, minor wheel noise when going over 45 and cracked rubber door and window insulation,also check engine light was on and not smogged but in the bill of sale she wrote "as is buyer will take care of smog and tires" for 11 hundred i figured it was a good car because the owner said she did regular maintinence
    the woman who sold it to me marked it as "strong" and had a "clean bill of health" but because the light was on i couldnt get it smogged and since last week the alternator broke, the battery died, i had found out it was a salvaged vehicle and the seller didnt tell me anything would be a problem. In fact she told me specifically that she"did not think that any work would need to be done this season"
    now, because of those two little words as is i want to know if i have any rights to come at her with a reasonable problem? i would like some money for the repairs seeing as i bought it a week ago? what can i do?



    You bought it as is. Did you have a mechanic check it over before you bought it?

    I think - unfortunately for you - that you are stuck.

    I'm off to summon someone who knows cars and dealerships and all but I think she'll say the same thing.
  • Dec 19, 2008, 01:43 PM
    this8384
    Quote:

    Originally Posted by DMBchica17 View Post
    I bought a used subaru in california, the first day noticed, minor wheel noise when going over 45 and cracked rubber door and window insulation,also check engine light was on and not smogged but in the bill of sale she wrote "as is buyer will take care of smog and tires" for 11 hundred i figured it was a good car because the owner said she did regular maintinence
    the woman who sold it to me marked it as "strong" and had a "clean bill of health" but because the light was on i couldnt get it smogged and since last week the alternator broke, the battery died, i had found out it was a salvaged vehicle and the seller didnt tell me anything would be a problem. In fact she told me specifically that she"did not think that any work would need to be done this season"
    now, because of those two little words as is i want to know if i have any rights to come at her with a reasonable problem? i would like some money for the repairs seeing as i bought it a week ago? what can i do?

    I'm not sure what the year, model or mileage of this vehicle is, but here goes my opinion:

    Basically, if you signed something that stated you were purchasing the vehicle "as is,"
    Then that's how you bought it... but I'll elaborate anyway.

    Minor wheel noise could be a worn bearing or could simply be cupped tires; you agreed to take care of the tires. If they're bad, I would do those first to see if that's the problem.

    The check engine light was on; you also agreed to take care of this problem so you cannot hold her liable for that whatsoever.

    Being a salvage vehicle doesn't mean it's a bad vehicle. Not sure on CA laws but in WI, that information is marked on the title and doesn't need to be disclosed unless you're buying from a dealer.

    You mentioned that the alternator "broke" and that the battery died. Do you mean it stopped charging? If the alternator stopped charging and you continued to drive the vehicle, that definitely will cause the battery to die so you can't hold her liable for that, either. As for the alternator going bad, it's impossible to foresee that problem. An alternator can be charging at 14V one day and quit the next; you can't try to hold her liable for something that worked when you bought it.

    The cracked rubber is only cosmetic; trying to hold the seller liable for that would be like trying to hold her liable for rust.

    In my opinion, you paid $1100 for a running vehicle. I think you got a heck of a deal.
  • Dec 19, 2008, 03:15 PM
    Fr_Chuck

    Yes, 1100, that normally is not even a running car around here.

    But you never buy a car on the sellers word, you have a certified mechanic check the vechile before you pay a penny. You test drive it before you buy it,

    Yes it is a "as is sale"

    Now the one issue, Califorina has a law that the seller of liable for the vechile passing emmissions.

    So I am not sure what your signing away your liablity on that is, The seller had to know it would not pass, since they added that clause specificly in your sell. Since just a "as is" would not have waived that.

    As for the alternator, never know when those go out,

    Sounds like you knew nothing about buyting a car and have just paid 1100 for a good lesson and everything not to do.

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