Ask Experts Questions for FREE Help !
Ask
    frazzled73's Avatar
    frazzled73 Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 3, 2008, 02:51 PM
    "As-Is" Used Car Contract
    We purchased a 2006 Nissan Armada from Florida (I'm in New Jersey). It has come to our attention recently during a service appointment at Nissan that this car had been in a serious accident because they noticed serious frame damage from the rear of the car (about $8000 plus in repairs). We did a Car Fax and came up clean, we even brought the car to a Nissan Delear in Key West after we purchased to make sure all was well for the long drive back to New Jersey and they said "Everything was Ok". Do you think I have any rights here since nothing was disclosed to me from dealer. We also found out recently that the car was sold at auction and was disclosed there that the car did have frame damage. So the dealer had to have known.

    Thanks
    Frazzled
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    Apr 3, 2008, 05:24 PM
    The dealers are suppose to have their mechanics go over the car before they sell it.
    Did you buy it from a dealer or a private owner?
    With it saying as is I am not sure how much rights you have but the lemon law should over ride it since it is only two years old and you paid over $1,000. If you bought it from a private dealer I am not sure the lemon law will help you.
    Really from what I understand too it is totally illegal to sell a car with serious frame damage.

    Florida State Lemon Law Statutes - yourlemonlawrights.com - understanding lemon laws.

    I am not sure if you bought it from a dealer because you say you took it to a dealer.
    frazzled73's Avatar
    frazzled73 Posts: 2, Reputation: 1
    New Member
     
    #3

    Apr 4, 2008, 04:54 AM
    We purchased the car from a used dealer in Miami and he purchased it from auction. He did say car was in perfect condition and never in any accindents. To my knowledge the lemon law in Florida does not include used cars. I'm trying to talk to lawyers in the Florida area but they have not been of any help. I was hoping maybe someone else has had this similar problem.
    Guest's Avatar
    Guest Posts: n/a, Reputation:
    Guest
     
    #4

    Apr 4, 2008, 10:11 AM
    Take it to the dealer you bought it from and look to trade it in for something else. If they call you on the damage it proves they knew about it before they sold it to you. If so perhaps you can use it as leverage to get what you paid for it on a trade in. Unless you recorded your purchase its your word against his/hers on "never in any accidents".
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #5

    Apr 4, 2008, 02:45 PM
    The lemon law should apply to used cars in Fla. It does other places . From what I know it just can't be over 10 years old and you have to had paid over $1,000. And bought it from any dealer.
    The link I gave you should explain all that.
    Plus frame damaged cars are illegal to sell at any rate.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #6

    Apr 4, 2008, 03:01 PM
    You will have to be able to prove the dealer had knowledge of this and did not disclose it to you.

    If a carfax cam up clean, how can you expect the dealer would have known, if they too looked at carfax?

    As far as I know, there is no such thing as a "lemon" law for used cars, anywhere.

    That is why they have the AS IS or Warranty stickers in the window, the law requires them to tell you if it is WITH WARRANTY OR AS IS.

    Did you purchase this vehicle AS IS?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    Apr 4, 2008, 03:23 PM
    Well first having prior damage and being in good shape to drive back is two different things, and also if it was fixed after the wreck it was in good shape, Car Fax does not always show all wrecks.

    And you had an option of having it inspected by another mechanic.

    And I donot know where they live, but I have never lived in a place where the lemon law applies to used cars, that is almost always new cars only.

    But AS IS, normally menass AS IS, so I would say you are not stuck with it.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Intertherm Electric Furnace Blower works in "on" not in "auto" [ 6 Answers ]

I have an Intertherm Electric Furnace E2EB-015AH. I came home from work last night, turned the heat on and it didn't work as advertised. I could hear the relays clicking occasionally so I investigated a little and found the elements are heating up and cycling, the relay inside the thermostat cycles...

"consideration" in contract law. [ 4 Answers ]

Hai, I am new from ask me helpdesk. I have a quenstion is about the "consideration" in the contract law. Anybody can tell me what ae the references to the Contracts Act 1950? :) Thanks!

"what's the big deal?" about using the words "pimped out" in reference to Chelsea? [ 11 Answers ]

Some people don’t seem to think it is a big deal. Clinton Calls Shuster Comment Part of 'Troubling Pattern' | The Trail | washingtonpost.com

Turn key & get "click" a few times then the car starts [ 8 Answers ]

Hello Car Experts! Need you expert opinion on this problem I'm having with my 95 Avalon: When I turn the key it clicks about the first 6 times and finally it starts after that. What causes this? (Starter, battery cables, Alternator?) Would appreciate any advice


View more questions Search