Used car with an implied warranty?
First off i bougth a 2011 Subaru STI. I paid 36000. The vehicle on had 9026 on the odometer. The dealer i bought the vehicle from is not a subaru dealer, but they clearly stated in a online ad that the vehicle had an existing factory warranty. about a month in a half ago i started having engine problems. The car is in such bad shape right now!. I took the vehicle to a Certified Subaru Dealer and they said they cannot Warranty the Vehicle due to the fact it has be heavily modified. keep in mind i had no idea of this when purchasing the car and the dealership i bought the vehicle from never disclosed any information. the Subaru Dealership has quoted a price tag of $9000.00. I have not made any modifications to the vehicle. Is there anything i can do? or am i just S.O.L.
- Shorty54Lv 48 years agoFavorite Answer
Different states have different laws on consumer protection. But generally, your only hope in a claim against the seller of the vehicle is if the salesman made a misrepresentation to you regarding either the warranty or the modifications.
However, with it now being 2012 and you purchased the vehicle in 2011, enough time has elapsed so that an argument can be made that any problems with the vehicle now were generated through your current ownership.
Depending on the strength of the consumer laws of your state, a failure to disclose an issue that could be material in a buyer's decision to purchase a vehicle could be viewed as a misrepresentation. This (Misrepresentation) is a common deceptive practice as many dishonest used vehicle salesmen fail to disclose vehicle issues with the knowledge that if they disclose them, the buyer won't make the purchase.
Your first step should be to go through your your paperwork to see what warranties are given in writing. If your paper states that the vehicle is still under warranty and no one told you about the modifications which negated the warranty, then you have an argument of misrepresentation. A car purchased with only 9026 miles should have a factory warranty still in effect if nothing else.
Your second step is to GOOGLE the Attorney General's office for your state. Once at the site, look for consumer fraud. Once you get there, you should know what to look for to file a complaint. If you can prove your case, some states award damages up to several times your actual costs in addition to attorney fees.
So yeah, if you are at a point where you're now on the hook to pay $36,000 for a LEMON, you may consider contacting an attorney. An attorney is not really necessary as you can do this yourself using the attorney general site info, but to maximize your award, it might behoove you to consider professional legal representation.
- Mr PlacidLv 78 years ago
If the dealership posted in an ad that there is an existing warranty, then that is an express warranty, not an implied warranty. A seller cannot represent that the car is warranted, then later claim "oops" and deny responsibility.
You'll first need to take the vehicle to the dealership from which you purchased the vehicle, since they are the ones that advertised that the car was still under warranty. If they refuse to do the repairs, and the repairs are such that they would have been covered by the factory warranty, then you will likely need to sue the dealership in small claims court. It doesn't matter that they are not a Subaru dealership. If they represented that there is a warranty, then they are stuck with honoring a warranty. Keep a copy of the online ad, because it appears that is your only way to prove there was a warranty. (It would be even better if the sales agreement noted that there was an existing factory warranty, but the online ad is better than nothing.)
- Smokies HikerLv 78 years ago
Contact the dealer who sold you the vehicle and take the information from the Subaru dealer with you. Give them a chance to rescind the deal since they were deceptive about the warranty and modification to the motor. They may claim they had no idea about the modification to the motor either. In either case, they have a responsibility to you to stand behind their warranty claim. You may have to take the to court in order to get some satisfaction from the dealer. Make sure you have all the advertised information about the warranty copied as proof of what their claim was. Hopefully it's also in writing on the bill of sale also. Give them a chance to make it right and tell them you will proceed as needed to get the vehicle repaired or replaced at their expense, not yours. At least you have the Subaru dealer's quote of $9,000 for repairs or replacement of the motor to go by. The dealer who sold the vehicle should either pay you this amount, or take the vehicle back and hope to sell it or repair it themselves. You'd have to hire an attorney for this type of case because it's beyond Small Claims Court status. Let's hope the dealer does this the easy way and just rescinds the sale and returns your money! Good luck!
- doug4jetsLv 78 years ago
You'll have to contact the dealer. Not likely they'll offer to pay for the repairs. Then speak with an attorney familiar with consumer's rights cases. I'm not sure if you have a case or not, but "implied warranty" more than likely = "no warranty!" Save all documentation including the ad, it might be enough to persuade them to pay (or pay partial) or win a civil case against the dealership. Best of luck!
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- feldsteinLv 44 years ago
All used autos in all 50 states are provided AS-IS. There are actually not any ensures or warranties till the seller provides it to you IN WRITING. MA does present day extra shelter than diverse states as long as you get an inspection interior 7 days after purchase and if it fails, which you will get your a repayment. you're able to have spent the $one hundred or with the point to have the automobile inspected. If it broke down in 10 days i'm particular the mechanic might have desperate the main important situation and saved you huge parts. in spite of the undeniable fact that as quickly as extra, the fewer costly continuously comes out costly! you'll be able to desire to restoration it or sell it as junk because of the fact the it is your impediment now.
- ZachLv 78 years ago
The dealer you bought the vehicle from likely didn't know there were unapproved modifications to the vehicle and hold no responsibility for the warranty being voided. You're likely SOL.