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Raichelle72 · Apr 19, 2016, 03:02 PM

I purchased a car for my daughter on Friday and on Saturday the service engine light came on. I own a code reader and it had two codes on it, one dealing with the catalytic converter. In addition, as she was driving to school the following Monday, the entire driver side wheel came off the car. The car was brought as-is but the seller indicated that they put new tires on the car and did not advise of the issue with the catalytic converter. Do I have a small claims case against the seller

AK lawyer · Apr 19, 2016, 03:49 PM

No, you don't.

"As is" means just that. You should have had the car checked out by your own mechanic before you bought it, particularly when, in this case, there is an explicit disclaimer of any and all warranties. And, furthermore, under these circumstances it is unlikely that the person who sold you the car was aware of the problems; so it is even less likely that you have a case.

A purchase of new tires doesn't mean the wheels were mounted properly, although they should have been. I suspect the lug nuts were not tightened properly. I would find out who sold them the tires, and ask the dealer (who probably failed to properly tighten the nuts), to fix the problem.

talaniman · Apr 19, 2016, 07:23 PM

You have no court case buying a car as is, but should have gone over it with a mechanic before you bought it, and sounds like that would still be a good idea.

smoothy · Apr 19, 2016, 07:33 PM

If you had been smart you would have paid an independent Mechanic to go over the car thoroughly before you paid for it. Might have cost you $100 but look what you ended up with.

But as was mentioned... "As-Is" sale means you are buying it as it is... with no guarantees implied or expected. You also don't pay as much either. You can't have it both ways.

Suck it up... consider it a hard earned lesson.

As was mentioned... before you start dumping more money into it.. have it checked out to determine if its worth spending another dollar on first.

ebaines · Apr 20, 2016, 10:38 AM

Just to add -- it does seem that the wheel falling off is most likely the fault of whomever changed the tires. If you haven't done so already, please check that all the lug nuts on all wheels are properly tightened before your daughter takes it for another drive. You don't want this to happen: https://www.youtube.com/watch?v=PR5kyuEJynQ

joypulv · Apr 20, 2016, 12:06 PM

If the seller had been a dealer, you would have had limited recourse, depending on the age and price of the car (and the state the car is sold in).

EVERY car owner, parent and child, should have good basic knowledge of cars and car buying. You own a code reader so what gives?

J_9 · Apr 20, 2016, 09:50 PM

Isn't there a 3 day implied warranty even on an As Is vehicle?

smoothy · Apr 21, 2016, 03:38 AM

Nope. Not when its sold AS-IS from a private seller. That implies there might or might not be something wrong with it and you accept it as it sits. AS-IS cars are always sold at reduced prices as a result.

Look at it this way..lots of broken down junkers get sold as "parts cars". All of them are sold As-is.

tickle · Apr 21, 2016, 05:13 AM

Originally Posted by Raichelle72

I purchased a car for my daughter on Friday and on Saturday the service engine light came on. I own a code reader and it had two codes on it, one dealing with the catalytic converter. In addition, as she was driving to school the following Monday, the entire driver side wheel came off the car. The car was brought as-is but the seller indicated that they put new tires on the car and did not advise of the issue with the catalytic converter. Do I have a small claims case against the seller

If you were buying this car for your daughter, I fail to see the adviseability of buying any car AS IS and not having it checked out by a licensed mechanic to insure your daughter's safety. The wheel wheel came off while driving?? You are lucky to still have her with you. Thank your lucky stars nothing worse happened !

Fr_Chuck · Apr 22, 2016, 04:45 AM

There may be a tort claim against the person who changed the tire for negligence in replacing the tire improperly.

But only for the damages caused by the tire coming off.

It appears you did not check out the car, or have it checked by a certified mechanic before purchase

cdad · Apr 22, 2016, 01:36 PM

As-is doesnt always mean as is. If they said that the car was in good shape and represented it that way but it is in need of a major repair then you might have a case. Many people think that by saying As-is that they are obsolved of any liability and they are not. What was said during the sale of the car ?