Protege sale fell through...unbelievable story!

[stevewl1164]

My sister-in-law and I went and bought a 1998 Mazda Protege LX automatic with 88K for $2500 last night. I noticed the left brake light went out when the taillights were on...the whole thing. This morning she called and said the "check engine" light came on and the brakes were grinding. I told her if she felt uncomfortable with it to NICELY explain that her son's 2001 Focus Street sedan with automatic had had check engine light problems since she got it three years ago and that they had just spent $700 getting it fixed, just spent $800 getting a USED transmission put in and two days after that the check engine light came on and that she couldn't bear to go through any more. The guy called me and said before her foot hit the ground she got out of the car screaming she wanted her money back. So much for listening to me. He offered to fix the check engine light problem..an idle air control valve and put new shoes on the back for just her cost of parts. She would have none of it. He gave her her money back. Well, half now and half on Monday when she gets the title where he can put it in his name. I had loaned her $500. Maybe she will give me MY money tomorrow. She thinks he had to give her her money back since it was less than 24 hours since she got it....after I told her if it blew up on the way home it was hers and he had no obligation to do ANYTHING for her. He was a nice guy...She was nasty..and on her own...no more help from me! What do you guys think?

[Sparky]

He was a very nice fellow, indeed...used cars are a risk, no matter how nice they may seem.

[25Horseplay]

She's lucky he gave her the money back. He could have done nothing.

[MONSOON]

Yep shes pretty lucky the guy was so nice. Even though he should have told her of any problems he knew about(did he?) Once she signed the papers handed over the money and drove it away it was hers and any problems that came up were also hers. 1 question though, did you guys test drive it and try everything out before she handed over the money?

[stevewl1164]

Yep, I am not a mechanic..so I did the usual, first I looked at the engine to see if it leaked...from above and below. Then, I opened up the oil cap and saw it looked clean as new...no carbon or sludge at all. Drove it and it drove find. Had a loose clamp on exhaust under drivers seat area...no biggie...just a rattle. Brakes felt good. Tranny shifted smoothly and promptly. Air was cold. Had a spare, no accident repair. Her husband who said he knows cars would not come look at it with her..so I had to go. I also loaned her $500 of the money..so I had to be there.

[milehighbear]

I have a question. If it was a used car lot, and the guy didnt say anything about the problems, doesn't that fall under the lemon law?

[stevewl1164]

private seller...in any case...in NC a used car is sold as is even if it is at a used car dealer and states in writing there is a warranty and what it covers..in our case..there was no warranty and no protection under the law...so he was a good guy.

[milehighbear]

yes, he indeed was. Not only to offer to fix it, but to give money back.

[Britstiva]

Yeah, I made the mistake of getting a car when everything inside of me told me to run. Well, when day 2 rolled around and the engine light came on, I got suspicious. Turned out a torque converter was going out on the tranny. Or not. It "may be malfunctioning" says the mechanic.

Day 3, driving to work, click, click, click goes the turn signal as I hand over hand turn toward the right when BAM!!! The car hit the ground and skids toward the car waiting at the stop sign.

Get out and look to find the left wheel broken loose, swallowed up inside of the tire well and pointing LEFT. I go to the other side of the car and that tire is pointed RIGHT.

Yeap, $680 later, it had a new CV axle, new transmission fluid, new rotor, new tie rod, and a nice new wheel alignment.

Oh yeah, what did the Sanford Cadillac dealership have to say about that beautiful, "in superb condition" '98 Buick Riviera that they sold me?

"Oh really? We don't cover that bc you bought it "As Is".

They wouldn't even cover man hours to repair it.

I cursed, swore to never return to buy from there. Got the durned car fixed and sold it.

Never again.

[25Horseplay]

I have a question. If it was a used car lot, and the guy didnt say anything about the problems, doesn't that fall under the lemon law?

Lemon law only applies to new car sales I believe. And you have to take it back 3 times for the same repair before it is considered a "lemon".

[GenevaDirt]

Lemon law only applies to new car sales I believe. And you have to take it back 3 times for the same repair before it is considered a "lemon".

Was actually looking at that on google and used cars can be covered in most states....but there are conditions. In Ohio it has to be a year old or less then 18,000 Miles. But there is another law that covers most other stuff that it had links to in the stuff I was reading. But all I read said they have to have a chance to fix it before you can do anything...then you go from there.

Your sister should have definitely used a different tactic when handling the problem.

[MJD]

She's lucky he gave her the money back. He could have done nothing.

I agree ...you could have the terms "as is, where is", in the bill of sale, and what legal claim would the buyer have then ?
Or, maybe there is a "buyer's remorse thing" for like 72 hours ? I have heard of that anyway. Then the seller has to refund the cost. Some states have that I think ?

[FB71]

Lemon law only applies to new car sales I believe. And you have to take it back 3 times for the same repair before it is considered a "lemon".

Correct, new cars only. 5 repair attempts in 12 months on non-vital systems (power seats, air conditioning, etc.), 3 attempts on vital systems (engine, trans, etc), 1 attempt on safety systems (brakes, restraints). If the vehicle is disabled and documented for 30 consecutive days for any reason, it is also covered under Lemon Law. Any claim will first go to arbitration, asking the customer for additional time/attempts in exchange for free services. If an agreement is not reached, or the additional time/attemps expi=res, it then it goes to court for a decision.

[GenevaDirt]

Not to argue Jim...but this is what I found yesterday when I posted....

Are used vehicles covered by state and/or federal consumer protection laws?
Yes. Ohio’s Lemon Laws may cover used vehicles under certain circumstances. If the vehicle was re-sold within the first year or the first 18,000 miles of operation, and problems were reported during that same period, it is covered by the Lemon Law. Also, if the vehicle was still covered by the original manufacturer's warranty when you bought it (or your vehicle was "Certified" by the manufacturer or dealer), Ohio’s Lemon Laws may still apply. Even if it doesn’t qualify under the Lemon Laws, you may still qualify for relief under the Magnuson-Moss Warranty Act.

the above was from the statement below...I clicked the link for the Ohio Lemon Law..

Used Car Lemon Law May Protect Buyers of Pre-owned Cars
The prevailing myth is that there is no used car lemon law. Wrong!
Used car lemon law varies from state to state. While some states provide protection only for new cars, many other states have used car lemon laws or have separate laws covering used vehicles. In some states the law is so confusing that even the state’s Attorney General office will advise consumers to contact an attorney for clarification about whether a used or a leased vehicle is covered.
Click here for an overview of the Ohio Lemon Law to determine if your vehicle is covered.
Even if your used car is not covered by your state’s used car lemon law, consumers everywhere are protected by the Magnuson Moss Warranty Act, also known as the Federal Lemon Law, which applies to all consumer products, including automobile, trucks, motorcycles, RVs, boats, and all other ordinary consumer products including computers and household appliances.
In Ohio, Lemon laws cover passenger cars, light trucks (no more than one ton load capacity and not used in business), and motorcycles. Also includes chassis portion of motor homes.

[miami man]

yep i hate auto deals with relatives.