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buyer or dealer fault?

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Old 04-22-2009, 08:39 PM
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hey, i just bought my 2nd ls1. awesome car, one problem, the ac didnt work when i test drove it(from a local dealer). i said i would only buy it for that price if the ac was fixed. well he said he had his mechanic look at it and fixed it. it was cold when i picked it up, next day it was hot. i charged it, it was cold, then next day hot again.
i took it up to the local garage and they told me compressor and condenser were leaking really bad and have been for awhile.
i called the manager and told him the situation, said well you bought it as is, blah blah blah, he offered to fix it at his price, i told him he needs to fix it for free.

where do i stand?
Old 04-22-2009, 08:49 PM
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Thats bullshit. Its called having a warrenty. As far as I know unless its stated on your contract there is no such thing as buying a vehicle in AS IS condition. I would be up his *** sideways on this one.
Old 04-22-2009, 08:54 PM
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what do you mean warrenty? its a 99, no warrenty, just his word that he would fix it, still bull, just curious how far i can push it...
Old 04-22-2009, 09:05 PM
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you could claim that they just bandaided (sp?) the problem to trick you into buying it and they never really fixed it like they agreed to do.
Old 04-22-2009, 09:32 PM
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thats what angle i think is the best, the other shop that took a look at it said there is no way another that looked at the ac would not see the leaks!
Old 04-22-2009, 10:05 PM
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I'm definitely on your side with this one and you should fight this, but if all else fails and he won't fix it, try putting new seals on it first and see how that is. It will definitely be a lot cheaper than a whole new compressor and condenser.
Old 04-22-2009, 10:54 PM
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Was it in the contract when you bought it? If not, you dont have any recourse. A car bought as is, is exactly that, as is. Unless it is written into the contract you eat it. Trust me, the DMV wont even take that complaint. You got screwed, but without having it in writing you cant do anything. Dealers know that and do whatever they can to not put any warranty type stuff into contracts.
Old 04-23-2009, 06:31 AM
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Originally Posted by mnypitZ
Was it in the contract when you bought it? If not, you dont have any recourse. A car bought as is, is exactly that, as is. Unless it is written into the contract you eat it. Trust me, the DMV wont even take that complaint. You got screwed, but without having it in writing you cant do anything. Dealers know that and do whatever they can to not put any warranty type stuff into contracts.

thats what I was getting at.

here is something I found for ya might not help but worth a shot. And this is for the state of florida...

Warrant of Merchantability — A warrant of merchantability is an implied warranty and says that a vehicle will run like it's supposed to. While it doesn't cover every component of a vehicle, it does apply to its basic functions. In this instance, the buyer has to prove that the defect was present at the time of sale.
Old 04-23-2009, 07:11 AM
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I used to own a small dealership. You wont get anything unless it was in writing. Call the DMV if you dont beleive me. On something like a/c, most of them guys just shoot freon in and call it a day. I used to fix things correctly when I told a customer I would, but Of course that is why I went out of business, I tried to do to much for people after I gave them great deals on things, and lost money on crap. Dealers that make the big profits on stuff are far less likely to help you out. ALWAYS GET IT IN WRITING

If he offered to replace the parts for cost, find out what that is, you can probably find the parts on ebay a lot cheaper. I used to get compressors for LS1s for about $135. Condensers are way cheap.

Someone said to replace the seals? Not exactly easy on a compressor without the right tools. They usually leak around the front shaft seal. Cheaper and easier to just replace it.
Old 04-23-2009, 07:17 AM
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Get the car fixed and take him to small claims court (http://www.consumeraffairs.com/consu.../small_fl.html) seeking recovery of the cost of fixing the car claiming fraud in the inducement (http://www.floridalitigationguide.com/guide/27.php). Good luck.
Old 04-23-2009, 08:43 AM
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just like everyone else said if it's not in writing you have nothing to stand on. i recently bought a car with a list of problems and found out the hard way
Old 04-23-2009, 10:56 AM
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Originally Posted by Mkelcy
Get the car fixed and take him to small claims court (http://www.consumeraffairs.com/consu.../small_fl.html) seeking recovery of the cost of fixing the car claiming fraud in the inducement (http://www.floridalitigationguide.com/guide/27.php). Good luck.
That's if he shows up and even if he does he could still stiff him.

OP:
Unless you have proof of the 'Oral Agreement' (ie. video, voice recording) all he has to say is 'I never said I would fix it', the argument ends there.

Dealerships are not required to offer a warranty, if a car is offered and sold 'as-is,' it cuts all ties with the dealer unless they handle your tag and registration. What you CAN do is go talk to him about it, but put a recorder in your pocket prior to entering the office and see what he says and use it to threaten legal action. (no you don't have to tell him you're going to record him, it's a common misconception.) Personaly, I'd just bend over and hope for a reach around because the time and effort that goes into a lawsuit usually isn't worth it. Just report them to the BBB and be done with it.

If you're really wanting to take him to court, call an attorney. Don't represent yourself and waste the judges time. You'll only end up looking like the idiots on Judge Judy.

Take it with a grain of salt, I'm just a kid trying to be a divorce attorney.


Last edited by Pretyflywiteguy; 04-23-2009 at 12:11 PM.
Old 04-24-2009, 09:36 PM
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lol, yeah i took it back for him to look at to make sure it was the compressor/condeser. his mechanic said it was the "orifice line". they replaced that, i picked it up today and it is now cold, for how long, who knows. i should have got that he would fix it in writing, because he says he never would fix it, just charge it with freon and the best of luck to me. his word against mine. he wants to charge me 150 bucks for fixing it, i tried to get him to pay for it, but the best i could do was make him agree that a 3rd party shop would look at it and if it isnt fixed i dont have to pay.(only way he would give me my car back without paying the 150.) better than the 700, but just pisses me off that someone would do that.
when i was leaving he said "i understand how me saying we added a freon and its fixed could be interpreted as the ac is fixed..." no crap!!!!!
thanks for all the replies!!!!
josh



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