I went to the dealership and bought a 95 Nissian Pathfinder. The car was sold as is with no warranty. I was told by the vendor that as far as they knew there were no problems with the car. A week later the transmission blew and the car is not drivable. I called the dealersip and talked to a different vendor who did not sell me the car. he told me that you bought the car and 4th gear doesnt work. They never once mentioned that to me. The refuse to give me a refund or pay for damages. Would it be fraud since they lied and told me the car was fine when later foound out that fourth gear didnt work? Or is there a 30 day law stating I should be able to bring it back for a refund. What should I do?
When you buy a vehicle as-is, you are responsible for any and all repairs. It is up to you to have the vehicle checked out prior to purchase, and if you do not, you have to fix any problems that happen.
As-is means just that. The dealer is not guaranteeing anything. I tell customers that when they buy the car as-is and it breaks in half, they own both pieces.
There is no 30 day law. You can not return the car. You bought a 14 year old vehicle without having it checked out by your own mechanic. You now own a car that needs repair.
Sorry
there should be, especially if they have records indicating that they knew about the problem and didn’t disclose the problem to you at the time. I would talk to a lawyer. Don’t talk to them to much until you get legal advice. (you can’t misrepresent an item with false information. even in an as is sale.)
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Call your local consumer affairs office and file a complaint then call the lawyer referral service in your area and get a lawyer that specialize in this stuff. good luck
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The car was ‘sold as seen’. This means it is your responsibility to properly check over it before you bought it. Sorry love, but there is nothing you can do about this, apart from learn from it. Sold as seen means you give up your statutory right to refund within 30 days.
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as is means just that. You should ask to test drive before you buy. Once you sign the paperwork it is yours.
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Really?
How did they lie?
They sold you a car as-is.
Which means, you looked at the car, had time to inspect it, and ACCEPTED IT AS IT IS.
There is no 30 day law, or anything else. It’s not fraud, because you had ample time before buying the car, to have it inspected by a mechanic. Which you failed to do.
You could have bought a car with a warranty. Which you failed to do.
You’re stuck with it, that’s the bottom line.
You could attempt to take them to court, except for one problem.
The car drove off the lot. Once it does that, anything that happens to it, is on you. The car was in running, driving condition when you took it. Who’s to say you didn’t do something to it, to make it fail?
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its your word against the dealership but you bought the car "sold as seen" and no warranty so you took a chance and it didnt work out. you have no come back with the dealer as you have no warranty on the vehicle and the dealer is not obliged to do anything..you should always get the vehicle checked before buying and never buy a car "sold as seen" im afraid this has been a costly lesson for you to learn
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"Sold as Seen" used for a private sale does not negate the legal requirement whereby the description of the goods must be honest. If it could be proven that the advertised description was false then the buyer would be entitled to the refund. Of course, as this could be difficult to prove.
the people above are WRONG sold as seen only applies to areas that can be determined by VISUALLY inspecting the item see link
http://www.cwd-law.com/news.asp?id=63
also see the sale of goods act which lays out your rights
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I am not sure where you live, BUT, there is no such thing as selling a car as is. They changed that law in teh mid 90′s. You can sue them.
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I would get legal advice. The car was "not as described", and the sale covered by the sale of Good Act. No such thing as "Sold as Seen" in a Dealership sale other are implying.
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just like at an auction when the rep is selling the car as is. he or she does not have to disclose and problems becuse when you ses as is the buyer must take in consideration there might me something wrong with the car and assume the risk of purchasing the vehicle… the car may not be arbitraded( brought back) now becuse they are a dealer they gone thru the process of inspecting it and putting on thier floor to sell it and are certain that it will sell.. but then i hope u didnt buy from an independant dealer cuz they are fraudy mutha fuckers….. but you have to take a loss buddy you bought it as is with no warranty.. you should have bought a used certified vehicle and would have been happier espacially now..just sucks that the car went out after you took it home.
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When you buy a vehicle as-is, you are responsible for any and all repairs. It is up to you to have the vehicle checked out prior to purchase, and if you do not, you have to fix any problems that happen.
As-is means just that. The dealer is not guaranteeing anything. I tell customers that when they buy the car as-is and it breaks in half, they own both pieces.
There is no 30 day law. You can not return the car. You bought a 14 year old vehicle without having it checked out by your own mechanic. You now own a car that needs repair.
Sorry
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29 years in the auto business
It was your responsibility to have the vehicle checked out by an independent shop for potential and existing problems. You did not. They are not liable for any problems because they made no guarantee of condition. You don’t mention how many miles are on the rig, but I expect it is about 150K at least because it is 14 years old. It is a USED vehicle. They will need work and maintenance. If you wanted "no worries" you should have bought new. For the people here saying there is no such thing as "as-is" you are wrong. Some regulations have changed but it is still the responsibility of the buyer to insure the vehicle is suitable and in proper condition for their needs prior to purchase.
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Over 40 years rpairing and restoring cars.
YOU expected the salesperson to tell you what he knows about a vehicle, which may not be much at all???
That’s a pretty expensive lesson to learn.
You have the right to fix the vehicle on your own dime…that’s what you do.
Sold as is is very much legal, unlike what the uniformed posters of the bunch mentioned. Nor is there a cooling off period. And technically, the dealer did not lie. You just did NOT ask the right questions or any at all!
Good luck, you’ll need it.
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Sadly, if you agreed to buy the car "As is", you basically gave the dealer a get out of jail free card, which takes away all of his responsibility for any problems the car may have.
However, unless you actually signed a document stating you were taking the car "As is", you might be able to get a reaction by reporting them to the Better Business Bureau, but if they have that document, you’re out of luck.
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There is no 30-day "law" giving a buyer the right to return any vehicle – new or used. Car sales are final. When you buy a used car without a warranty, you are assuming all risk! It is your responsibility as the buyer to determine if a given vehicle is suitable for your needs before you buy it.
Being told "that as far as they knew there were no problems with the car." Is not a statement of fact, nor would it constitute any type of warranty.
Sadly, you have no legal recourse here. You bought a 14 year old used car and it has problems. The dealer does not have to accept the vehicle nor do they have to refund your money. It sucks, but that’s what can happen when you buy a vehicle "as is".
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You were sold a car "as-is" and you were told "as far as they knew there were no problems with the car." They totally covered themselves. No there is no law stating you can get a refund. It’s a 95 Pathfinder, did you expect no problems??? If so, you shouldn’t be buying cars.
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I always understood ‘sold as seen’ to be just that but i have been told by a guy who is pretty clued up about these things that despite being sold with that appellation, the item must be ‘fit for purpose’ and presumably you could argue that a car with no 4th gear is NOT fit for purpose.
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This may help if you are in the UK
http://www.consumerdirect.gov.uk/before_you_buy/thinking_about/cars/dealer#named2
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