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suddenImpact · Mar 2, 2009, 08:39 AM

I bought a used truck last week Thursday from a small auto sales/repair shop. Friday afternoon, the truck pretty much died, it is missing really bad, and just runs for crap. I signed paperwork saying that the truck was being sold as-is, but everyone I talk to around here is saying they are still responsible for a certain period, and that I should contact an attorney. I tried to just talk to the place I bought it from, but they won't help me at all.

Oh, I live in Grand Rapids Michigan.

Any advice?

StaticFX · Mar 2, 2009, 08:45 AM

I'm not positive, but I think the lemon law only applies to a used car if a warranty of some kind is issued. It like if you but a car off a person... no warranty.. its as is. If the shop stated as is.. then there is not much you can do about it.

But a lawyer needs to confirm or deny this.

George_1950 · Mar 2, 2009, 09:04 AM

A couple of sites:
1) "Implied Warranties — Michigan laws say that a dealer has implied obligations, such as the soundness of the vehicle. In some states, however, dealers can get around implied warranties by selling the vehicle "as is." Other Laws that Cover Used Cars in Michigan | Lemon Justice

2) A used vehicle is of 'merchantable quality' if for a reasonable period after purchase you can drive it from A to B in reasonable safety. Implied warranties - Consumer Protection - Department of Commerce

You need to determine whether to hire an attorney, one who knows this type of law. If the answer is no, you will probably want to familiarize yourself with the rules of a small claims court in your jurisdiction. Be sure to attend court several times and observe how things are done. The clerk may be able to tip you as to a similar case, without offering you legal advice, which is usually taboo.

this8384 · Mar 2, 2009, 09:20 AM

I'm not 100% sure of the laws in MI, as I'm in WI but the Lemon Law doesn't apply here. The Lemon Law is applied when 3 or more attempts have been made to remedy the same problem on a vehicle without success.

You said you bought the truck last week Thursday and that it died Friday; did it die the next day or 8 days later? Have you determined what the issue is?

The problem with trying to hold a dealer liable is that you need to be able to prove that they knew of a pre-existing problem and didn't inform you of it. Did you test drive the truck prior to purchasing it or have a mechanic look it over?

suddenImpact · Mar 2, 2009, 11:19 AM

The truck died 1 day after I bought it. I did test drive the truck, and it seemed to run fine. The dealer I bought it from is also a service shop, they told me they had checked the truck over, and it was fine, and ran great. I don't know what the problem is right now, I just brought it into my mechanic, and am waiting for a call back.

this8384 · Mar 2, 2009, 11:39 AM

Originally Posted by suddenImpact

The truck died 1 day after I bought it. I did test drive the truck, and it seemed to run fine. The dealer I bought it from is also a service shop, they told me they had checked the truck over, and it was fine, and ran great. I don't know what the problem is right now, I just brought it into my mechanic, and am waiting for a call back.

So you agree that it was running fine when you drove it off the lot. That's going to work against you because it's not always easy to foresee future problems in vehicles; I work in car repair and I've seen it firsthand. People come in for an oil change and then next day, their alternator goes out. It's nothing we did to the vehicle, it's just the way it happens sometimes.

Find out what's wrong and let us know; some things can be predicated while others can't.

suddenImpact · Mar 2, 2009, 11:51 AM

I will let you know. Personally, I don't want to go to court over it. I know it's a chance you take whenever you buy a vehicle from anyone. My dad is throwing the biggest fit ever though, (we work for the same company) and he has everyone here telling me I need to talk to an attorney... blah blah blah :) I was just curious what my options were, or if the law would even apply in this case.

this8384 · Mar 2, 2009, 11:54 AM

It all depends on what's wrong. For example, my state requires that I inspect a vehicle before even offering it for sale and completing a Buyer's Guide and listing the condition of X number of components. If your state is the same and the dealer didn't disclose what they knew to be a problem, they might be liable to fix it. So like I said, let us know when you know :)

twinkiedooter · Mar 2, 2009, 12:40 PM

Definitely find out why the truck died. Like this8384 stated it could be something coincidental gone wrong mechanically with the truck.

Anytime you buy a vehicle "as is" you should get it properly looked over by your mechanic even if they had a mechanic on site supposedly check it over.

Lemon laws usually apply towards new vehicle purchases in that the vehicle has no history to judge the vehicle's roadworthyness or reliability.

Don't let dad flap his gums too much over this as it might be something easily fixed.

Wait and see what the problem is before taking them to court over.

JudyKayTee · Mar 2, 2009, 01:01 PM

I see this as contract law with the "as is" clause being the final determination. NY does have a lemon law BUT if you buy "as is" it goes out the window.

this8384 · Mar 2, 2009, 01:06 PM

Originally Posted by JudyKayTee

I see this as contract law with the "as is" clause being the final determination. NY does have a lemon law BUT if you buy "as is" it goes out the window.

Yes and no; it all depends on the state requirements for dealerships. For example: I can sell you a car "as is" but if I don't tell you that the frame is rusted out, you buy it and it snaps in half, it becomes my issue. The "as is" doesn't mean a hill of beans because I'm required by law to inspect and disclose any issues.

Fr_Chuck · Mar 2, 2009, 01:23 PM

I will agree if you signed you were buying it "as is" you have agreed that you personally checked it out,

The issue here is why you did not test drive it to a certified mechanic to have the car checked out. It is the buyers liablity to have it checked out esp in a as is.

Second you have to find out what is wrong, I was driving and my truck started jumping and would not go, one wire had pulled loose. Could it be merely a loose spark plug wire
So what is wrong and what is your cost to fix it at this point

suddenImpact · Mar 3, 2009, 05:18 AM

Well, in this case, it was my fault for not taking it to my mechanic, and trusting theirs I guess. I talked to the place I bought it from, and they finally agreed to fix it, just at a discounted price on labor so I brought it back to them. (My mechanic told me they wouldn't be able to fit it in for at least another week and a half) They told me they replaced the spark plug wires, and it was running great again. I drove it all last night with no problems, when I got up this morning to leave for work, its back to how it was. :( They did not replace the spark plugs, so I might go pick some up after work and put them in on my own and see if it takes care of it.

this8384 · Mar 3, 2009, 07:32 AM

What year, make & model? It might have a cap & rotor that need to be replaced as well.

suddenImpact · Mar 3, 2009, 07:33 AM

1996 Dodge Ram 1500 4x4

I did replace the cap when it first started to act up. When I got the old one off, it looked fairly new, center post was still good, and the sides looked pretty clean. Rotor was the same, I put the new cap on anyway since I bought it, but it didn't help at all.

suddenImpact · Mar 4, 2009, 12:08 PM

Ok, so I replaced the spark plugs yesterday, and it didn't help at all. A friend of mine that owns a body shop, told me he thought it was the ignition coil, so I replaced that, and nothing still. I was talking to my mechanic, and he told me he had an opening, and could squeeze it in this morning. He just called me back saying that 2 of my fuel injectors were completely bad, 5 were working, but not well, and ONE was in great shape! So the fuel injectors are $85 each... plus the cost of labor having them do it for me. :(

suddenImpact · Mar 5, 2009, 05:09 AM

I got out of work yesterday, and figured I'd stop by the garage to see how they were doing on my truck. When I got there, I got the look you never want to see lol. My fuel pump is going out too, he said every time I start it, its losing almost 10 pounds of pressure, and all that fuel is being "dumped". I'm not quite sure what he means by dumped... back into the tank, or on the ground?. Anyways, I'm looking at spending over $1,000 for everything...

suddenImpact · Mar 5, 2009, 08:13 AM

Better and better... they called saying they got the new injectors in. I decided to wait on the fuel pump, since its not completely out yet (and I can't afford it right now). I didn't even make it back to work. I made it one block and it started stalling, I could start it back up, but not for long. I could watch the oil pressure gauge drop, then it would stall out. They are looking at it, but obviously they're thinking I need an oil pump.

Maybe I should look into getting some of my money back...

JudyKayTee · Mar 5, 2009, 08:15 AM

Originally Posted by suddenImpact

Better and better... they called saying they got the new injectors in. I decided to wait on the fuel pump, since its not completely out yet (and I can't afford it right now). I didn't even make it back to work. I made it one block and it started stalling, I could start it back up, but not for long. I could watch the oil pressure gauge drop, then it would stall out. They are looking at it, but obviously they're thinking I need an oil pump.

Maybe I should look into getting some of my money back....

I have no idea but your baby sure does look like you! No denying THAT child.

Otherwise - This8384, take it away!

this8384 · Mar 5, 2009, 08:26 AM

If you bought the truck from a dealership, I'd tell them you want your money back. They're raking you over the coals. A tune up and fuel injectors are very easy to foresee as needing to be done; not to mention that injectors rarely fail. The pump is iffy; that may or may not have been a pre-existing condition.

Personally, I'd tell them they can keep the truck and you want your money back. Do you have copies of the paperwork you signed at the sale of the vehicle? Sounds like this dealership isn't one to do things legally; there might be a loophole you can use to actually DEMAND a refund.