QuestionWe bought a used car from a dealer as is and took it to our mechanic who has advised us that there are serious safety and emissions issues. The engine is not bolted in properly there are missing bolts and the wiring is dangerous. We also did not receive a smog pass and were given a coupon for $25 to get it ourselves. were told that it did not pass only because of a missing gas cap and they gave us a new one. When we contacted the dealer upon news of the emissions issue resulting from the engine not being bolted correctly and the oxygen sensor was smashed along with other wiring concerns, we brought it back and left it with them for one day only to get it back with nothing having been done. The bolts were still missing and the truck ran even worse. We have been advised that is a serious safety matter and not to drive it. We still owe 3 payments of 900 and have already put 1,000 down. What are our rights in regards to getting the truck fixed and is the dealer supposed to provide the smog certificate prior to the sale.
AnswerI wish they would add a box for people to check telling me what state you are from. That's okay because this question is pretty universal. My thoughts on this are as follows;
On the car not passing DEQ-
Every car sold by a dealer in most states (don't know of any exceptions to this law) require that the car sold have a valid recent DEQ certification as evidenced by the car having good tags (most states won't renew your registration and give you new tags without a new DEQ certificate) OR if the car is sold without tags then (in the state of Oregon) the dealer is only able to issue a trip permit to the customer (20 DAYS) with the instruction to the new owner to run it through DE (or if the Customer won't do it the dealer is required to do it for him ...but the owner usually does it) IF THE CAR DOES NOT PASS it is the selling dealers obligation to fix whatever is necessary for the car to pass. PERIOD! That is why most dealers do it prior to selling the vehicle ...we hate like heck to write a blank check to fix something that could cost 75.00 for an O-2 sensor or something a whole lot more! After the car passes the customer brings the dealer the certificate and the dealer then issues a 90 day Temporary Registration Certificate while MV processes the paper and sends out plates.
HERE IS WHAT THE ATTORNEY GENERAL WEBSITE IN OREGON SAYS:
" Furthermore, if within 60 days of the purchase, the vehicle fails to pass DEQ emissions tests or a defect is discovered resulting in the vehicle not passing the tests, the purchaser is entitled to a rescission of the transaction and a full refund, if the company can not correct the problem in a reasonable time. The buyer is entitled to the rescission even if the company did not know or did not have a reasonable basis to know the vehicle had such a defect."
Rescission obviously means "cancel" the contract. which leads us into the second part of my answer:
The driveability / safety issues of the vehicle-
I have lived the last 20 years of my life on both sides of this issue. The dealer needs to have some sort of finality to a car deal so he can close the deal out and count whatever money he has made. On the other hand the customer has an absolute and legal right to be sold a car that is free from most major current issues and defects. The question of what should or should not be fixed is a moving target. It sounds like the dealer has a shop so he certainly should have known the motor mounts were broken and should have been fixed ...they aren't very expensive and not fixing them has the potential to really screw things up. You have some leverage with the 3 remaining "Picky payments" (thats what we call them) or "pick payments" or "p-note payments" What would I do? I would take the truck to the dealer and drop it off right in front of his front door ...after hours ...and put the keys and a letter in an envelope and slide it in their drop box at service or under the door somewhere conspicuous. The letter would explain that you have done all you intend to do with the truck and since it had now been x number of days since you bought it and since the truck was still not in compliance with state law you are giving the truck back and would be expecting your original down payment back within 5 days (or you would be in later that day to pick it up or whatever) and you want to thank them for their time and effort but you plan on continuing to look for something that doesn't require so much post purchase work. They will call you and may even get pissy and you need to hold your ground and do not budge! If you still want the car do it this way anyway and when they call or you go in to get your money then tell them you will take it back but before you drive it one more time or take it home ever again the following items must be fixed and you need a car to drive in the mean time and if they say no then walk out.
KEY TO NEGOTIATING STRESSFUL ISSUES LIKE THIS WITH A DEALER.
Threatening to file a complaint with the AG is fine but if you really want a statement like that to have maximum impact then say "I want you to know that as soon as I get home I will be getting online and also picking up the phone and calling/filing a formal complaint with DMV! and requesting that they send an inspector over to your dealership to see if there are any other customers unhappy for the same reason ...laalala The AG's office is all good and well and if you do file a complaint they should be included but all that does is generate a letter from them to the dealer which he has 30 days to respond too. DMV has the power to drive there in the morning and going through every single one of his deal files and if they don't ike what that they see could shut him down or fine him into the dark ages on the spot! Every state has DMV investigators in their dealer business unit who do just that all day long. He will know it and it will get his attention no matter what he tells you! hE IS A CAR DEALER ...IF HIS LIPS ARE MOVING THEN HE IS SELLING OR LYING!LOL
we live and die here by our ratings given to us by the people who's questions we answer. If when we are done if there is any reason at all why you can't in good conscience give me all perfect rating scores please get back to me and let me know what I can do to make you completely satisfied and maintain my ratings. Thank you Please let me know if you have a follow up question and if you do then please tell me which state you live in TX Roger
