Salvage is the name of the game

[lvl3]

Hello.

I want to know whether I screwed myself with the car I just bought or if the dealer is entitled to reinstate me for repair costs. I am looking for accurate legal advice if anyone here happens to be good with law (before I inquire with an attorney). Please, don't reply with baseless opinions.

Here's the situation:

I bought a Honda Accord from EZ Auto Care in Madera, CA. EZ Auto Care bought it from Century 21 Insurance with a salvaged title. I was told that the car was in a minor fender bender and that the only thing wrong with it was the front bumper (which they had replaced). I was straight out told that everything else on the car was in perfect condition. I signed a "makeshift" contract (which I have a copy of) which states that I assumed the car 'as is' and that the only thing that had been wrong with the car was the front bumper (which they replaced).

A few days after I had bought it I took it to a Honda dealer for an oil change. I was informed that the axel assembly (both) needed to be replaced and that the A/C condenser and radiator had been smashed and will leak at some point if they were not repaired.

All of these problems could not have been easily identified by a normal consumer such as myself. Identifying these problems would require substantial disassembly of the automobile.

Is there anyway I can request that the dealer reinstate me for the cost of repairs?

I'm not sure what applies here since I am not a lawyer.. but a few things I found:

Commerical Code Section 1203(b): Merchants must observe reasonable commericial standards of fair dealing in the trade, in addition to acting in good faith.

What that means is that if the merchant fails to exercise good faith in performing a sales contract, he or she breaches this obligation and will be liable to the other party for this breach.

Also.. Revocation Code deals with revoking acceptance of goods. This can occur when a buyer accepts a good after reasonable inspection of the good but later finds a non-conformity.

As for the "as is" statement in the contract... it seems that is not an impenetrable shield for the dealer.

I quote: "as is does not disclaim fraud, and if the consumer was lied to, mislead, or not told of a material defect, the as is disclaimer does not shield the dealer".

I quote: "Vehicles sold 'as is' or subject to a Service Contract may fall within the Consumer Legal Remedies Act. The Act says that when a consumer buys a product, or pays for services, they should not be lied to. The Consumer Legal Remedies Act was intended by the to give consumers a remedy when a dealer does not tell the truth, or breaks the law to make the sale".

The way I see it.... I was FLAT OUT lied to by the associate who sold me the car. He repeated several times that the car was in perfect order. Hell, that wimpy contract I signed doesn't mention anywhere that the A/C condenser (and discharged hose) and Radiator are smashed and need to be repaired or that the drive shafts need replacing. All it says is that the only thing that was wrong with the car was the front bumper.. which they repaired.

Regardless of whether the law is on my side or theirs.... they are lying scum and I hope they burn in hell.

[Huffa]

Take the car back and get a refund if you possibly can!!!

Your mistake though for buying it in the 1st place! They told you it was a salvaged title yet only needed a F bumper and you believed them.

How stupid can you be? Salvaged title means the car HAD to have alot more wrong with it then that!

Also the name "EZ Auto Care" for some reason sounds like a rip off place to me.

Before I'd get it repaired I'd try like hell to get my $$ back!!!!!!!

[scubawrstlr]

I agree with Huffa. When you buy a car, don't be stupid about it. My girlfriend just got into an accident, in which her car recieved about 3,500 in damages. The car was still repaired, but the insurance agency wanted to salvage it. So in wisconsin if you have 4,000 in damages your car is salvaged. I imagine it is about the same where you are. Good luck with getting your money back.

1st as huffa said, try like hell to get your money back. Don't go into a rage at the car dealership. Hold a professional attitude. You can even call a cop over to have him there as a witness. Besides the presence of the law will make the dealer more willing to give back you money.

If that doesn't work then you need to sue the place. Be sure to keep that profesionalism though, it could affect your case if you don't get the money back.

[henrymv]

Check your code book for a law about selling damages cars and not disclosing all the information. The fact you have ANY written document from the seller and states they knowenly sold you call with damage is enough to take it to small claims (assuming the value of the car is under 3000) IF they refuse to give you your money back. Also I would NOT drive the car any more. Putting miles on the car will be enough for the seller to state you damaged the car while you were driving it. Be sure to get a written document form teh Dealership, where you got the oil change, that discloses the damage. What you also want to do is get the document from the Insurance company and see what it discloses about the damage. If it ONLY states about the bumper, then you will have to SUE the insurance company, no the seller. Also Run a title search or a CARFAX search and see what was disclosed under that VIN number. Good luck

[gitter44]

If you bought it from a dealer I THINK you have 30 days to return it...

[henrymv]

That is only true for new cars....Used cars you are limited to the number of return days and also by the laws of the state.....

[scubawrstlr]

lol, seriously? I thought that was only at like retail stores and stuff.

[henrymv]

New cars can return with 3 days to 30 days depends on the laws of each state - Also mileage plays a factor. For example in Texas you have 10 days to return cars. And here they count the hours. An exgirlfreind of mine bought a Ford Escape and on the 10th day she went back to the dealership to return it and purchase a Ford Explorer, but she was 2.5 hours beyond the 10 days!

[Shenlung]

The part that states "as is" in your contract makes you liable for any other damages you find. But the contart stating that there was only the front bumper means they lied in the contract. I'd say you have a breach of contract on your hands and could take it to court easily. They'll probably settle out of court, if you point out the breach though.

[henrymv]

However, you need to research more. If the Insurance company did not disclose the other damaged areas then the responsibilty lies withteh insurance company. The would be the ones you woud take the court, however include the seller as well to help your case

[AccordCodger]

then the responsibilty lies withteh insurance company. The would be the ones you woud take the court

I disagree. If I'm a dealer, and I buy a piece of junk from an insurance company, no matter WHAT they tell me, it has no bearing on my responsibility to the customer I sell the car to. Otherwise that gets absurd.

[TorinoGT69]

No car is salvaged for a minor accident, most insurance companies only salvage the car if it is not safely repairable or the repairs are more than 75% of the cars value, either way that is not a car you want. "AS IS" means just that you are stuck with the car. This is the reason you should have a used car looked at by an inspector before buying it.

[scubawrstlr]

How do you get an inspector? I'm looking to get a new car before long, and I don't want to end up with a lemon.

[TorinoGT69]

The best way to find one is to search online. Usually local inspection companies are the most thorough but there a few nationwide companies as well.

[henrymv]

Use CARFAX.com it is worth the information. Can not tell you how valuable the information was when i was shopping for my Accord. Found lots of cars with major problems that owners never disclosed to me as well as odometer changes, etc....