Questioneven if you buy a car as is if the car is not running or needs repairs within the first week of the car being driven off the lot, who is responsible for the repairs within the first 30 days, what are my righs
Answer
Car Guy!
Hi Joanna,
Thank you for your question. I'm going to take your question a little bit at a time as I answer. Your first concern centered on the question of whether or not a dealer would be responsible for making sure the car ran at the time of purchase or words to that effect. Generally speaking, the dealer wants a bad car on the road less than you do. At all of the places I have managed, the dealer principal is absolutely committed to making sure you have a good buying experience and a car that runs. That is not to say that everyone employee in every store always shares that objective when it comes at the expense of the gross profit on the deal. I tell my managers to handle these problems as inexpensively as they can and still make the customer happy because if the customer and their issues get to me then I am going to fix everything lol. That’s also one of the best arguments for buying your preowned car at a dealership that sells new and used cars instead of the rock lot down the street, because that dealer is here for the long term, has people and processes in place to make sure a car is never offered for sale until it has been checked thru the shop and reconditioned. That doesn’t mean everything that could be fixed is fixed. It means the car is safe and runs good. Generally speaking the car has to run when you buy it or you shouldn’t buy it …or if it’s the car you can’t live with out then tell them to fix it and when it’s fixed that you will come buy it … but if the car isn’t running then don’t sign papers on it until it is.
When you buy a car "as-is" and you take possession at the car lot then the rule is that as soon as your front bumper crosses the plane of the curb (to the street) that’s the moment that you own the car, and if it were to break in half as it hits the street ...then you would own both halves. If the dealer solicits your business and /or you take delivery at your home or away from the dealership, at least in the state of Oregon, then you would have 72 hrs to get cold feet and unwind the deal. Other states may have differing laws and of course I am not able to give anyone legal advice.
But on the positive side of things most dealers are reasonable people and don't want to have angry vocal people rolling around town telling everyone what a bad guy he is. Alot of stores will allow you to 'exchange" a car for a different car within x amount of days. Whatever you do don't let them convince you to 'trade in" your car for a different car...no no no !
I know the dealer is responsible for making sure that all cars it sells must have current DEQ certificate in all cities and areas where cars are required to pass a DEQ check. Since cars don't come with crystal balls for any of us and recognizing that there has to be a point in a car deal where the dealers liability for the cars mechanical functioning and repairs has to end. The law in most states, if not all says minus any other warranties the dealer may offer as part of the deal (like 7-90 days etc) or other special warranty offers, that liability ends at t curb. That said, the best way to turn up the heat and get the dealer to fix the car is to immediately call the bank that financed the car and ask them if the deal has been funded to the dealer yet. If it has not then tell them you aren't happy with the car and to stop the presses until you are made happy. Also if you are asked to go back in and resign anything then you have leverage and if you are asked to go in and sign a new contract where anything has been changed at all ...like rate, term, price, down pmnt, anything! Then the dealer doesn't have a valid cashable contract and you then would have alot of leverage to take it back or do whatever you want.
Too many people look to the dealer to fix their car for free long after they buy it. A dealership is a business and if we aren't able to know that at some point a deal is a deal and we can close the books on it and send it to accounting then it would be impossible to know what to sell the car for to indemnify ourselves for unlimited potential contingent liabilities. We offer everyone mechanical breakdown insurance (extended service contracts) and we encourage our customers to take advantage of those options
