Bought car at dealship, now they want to sue me???
- Thread starter Killer50stang
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justabigkid
New Member
Just wanted to add that people seem to never have gotten a bad car from a private seller
I mean have you never been in line at pep boys to see the guy in front of you buying trans stop leak, coolant stop leak, injector cleaner, mystery oil, sludge remover, and a for sale sign? There are crooks everywhere in the car business, not just dealers and it is a shame. It just gives the good people a bad reputation.
I mean have you never been in line at pep boys to see the guy in front of you buying trans stop leak, coolant stop leak, injector cleaner, mystery oil, sludge remover, and a for sale sign? There are crooks everywhere in the car business, not just dealers and it is a shame. It just gives the good people a bad reputation.
- May 11, 2004
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- May 11, 2004
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This is true, they didn't for whatever reason. I gave them a chance when I brought it in, but all they would say is nothing is wrong with it, when in deed it didn't shift the way it should.
skunk21
Active Member
I'm like the others I fell bad you got sold a rat, but you are in the wrong, you might win the courts do crazy things but you where wrong. even a lemon law allows the dealer/seller three attempts to make the repair before it's found unfixable, but leman law aside this will be a contracts case. conract law is tougher, if you agree to the terms of said contract and are found in violation of the terms you loose. the way you had out of the contract and to bring in the lemon law was to allow the dealer three attempts at a repairing said problem, sad parts is this would cost you money.
don't take this the wrong way but this when buyer beware kicks in, not so much for the vehicle which you could have done some research on or had a mechanic look at but more so the warranty. the 50% coverage on the powertain warranty sounds nice but it works more for the dealer than the customer, a 30 day warranty is much better and you could not bought the car based on the warranty, or negotated a lesser time warranty that cover the powertarin w/o costing you. in fact depending on the year, mileage and state the dealer has to give aa cetain time frame warranty on the powertrain but can be voided if they give a warranty, but once you sign the contract you are bound by the terms of the contract and cannot enact other warranties. even if the had tranny exploded according to your contract you couldn't go after them for a lemon law or sue for your money back, he would walk into court with warranty contract and tell the judge you have warranty and didn't use it, you would loose.
he told you to go get it flushed and that is where you had him, if you would have gotten that in writing from him to go have the tranny flushed due to slipping. I would have brought the car to have the tranny flushed(which you did) , then when it didn't work told him again and asked what he wanted to do, it seemed like he didn't want to pay for a tranny either but was going to play arounfd with it you coulda gotten 3 1/2 asssed repairs and never gotten it right and then went to court over it then with some ammo. I think he is going do the same thing,but with contract ammo, contract law is what is going to sink you.
don't take this the wrong way but this when buyer beware kicks in, not so much for the vehicle which you could have done some research on or had a mechanic look at but more so the warranty. the 50% coverage on the powertain warranty sounds nice but it works more for the dealer than the customer, a 30 day warranty is much better and you could not bought the car based on the warranty, or negotated a lesser time warranty that cover the powertarin w/o costing you. in fact depending on the year, mileage and state the dealer has to give aa cetain time frame warranty on the powertrain but can be voided if they give a warranty, but once you sign the contract you are bound by the terms of the contract and cannot enact other warranties. even if the had tranny exploded according to your contract you couldn't go after them for a lemon law or sue for your money back, he would walk into court with warranty contract and tell the judge you have warranty and didn't use it, you would loose.
he told you to go get it flushed and that is where you had him, if you would have gotten that in writing from him to go have the tranny flushed due to slipping. I would have brought the car to have the tranny flushed(which you did) , then when it didn't work told him again and asked what he wanted to do, it seemed like he didn't want to pay for a tranny either but was going to play arounfd with it you coulda gotten 3 1/2 asssed repairs and never gotten it right and then went to court over it then with some ammo. I think he is going do the same thing,but with contract ammo, contract law is what is going to sink you.
strtrcr50
New Member
Just wanted to add that people seem to never have gotten a bad car from a private seller
Yep. And then you have no guarantee of state inspection and absolutely no warranty to worry about whether it'll be covered or not. You can assure yourself it won't be covered.
strtrcr50
New Member
And how much was the check for? If it's over 1500, they will prob take you to court. Again, you will prob win tho.
hamonkeiser
New Member
Wow, I'm really amazed at some of the people in here who think that this guy is in the wrong. I really doubt that the dealership will take him to court over $1600 & if they do, let them. They have no case here.
Forget lemon laws & if all dealers are lying cheats. Examine the facts here. Burdon of proof falls on the dealership to show that OP wronged them. OK, so Dealership provides a warrenty on powertrain for 50% of the cost. Dealer agrees to to OP to have him get the trany flushed. Which he does. OK, no problem here, the dealership agreed to this. OP lets the dealer know that the shop found metal in the trany & tells dealer that shop told him new trany would be $3200. Dealship agrees to pay 50% of the cost which is what their warrenty states. I see no problem here. The dealership had the oportunity to have a shop of their choice verifiy the damage or to be present but they waived that right. Their obligation was to pay for 50% of the repair, which they did. As long as the OP can provide proof that there was need for a new trany (which he can from the trany shop mechanic) & he can provide proof that the replacement trany would cost $3200 (which he can with an estimate from the trany shop) then he lived up to his obligations.
I would not sweat this. it sound like the dealership is threatening you to see if they can get their money back with out a fight. They have nothing & you did nothing wrong. Just have the trany shop give you an estimate in writing stating that they found metal in the trany & the cost for a replaecment.
Forget lemon laws & if all dealers are lying cheats. Examine the facts here. Burdon of proof falls on the dealership to show that OP wronged them. OK, so Dealership provides a warrenty on powertrain for 50% of the cost. Dealer agrees to to OP to have him get the trany flushed. Which he does. OK, no problem here, the dealership agreed to this. OP lets the dealer know that the shop found metal in the trany & tells dealer that shop told him new trany would be $3200. Dealship agrees to pay 50% of the cost which is what their warrenty states. I see no problem here. The dealership had the oportunity to have a shop of their choice verifiy the damage or to be present but they waived that right. Their obligation was to pay for 50% of the repair, which they did. As long as the OP can provide proof that there was need for a new trany (which he can from the trany shop mechanic) & he can provide proof that the replacement trany would cost $3200 (which he can with an estimate from the trany shop) then he lived up to his obligations.
I would not sweat this. it sound like the dealership is threatening you to see if they can get their money back with out a fight. They have nothing & you did nothing wrong. Just have the trany shop give you an estimate in writing stating that they found metal in the trany & the cost for a replaecment.
strtrcr50
New Member
To those who think they can compare this to an insurance claim, it's not the way it works. It is the dealership's fault for giving the customer the check. And they prob will take it to court because if they can't prove the work was done, they will not be reimbursed by whatever company is backing the 50/50 warranty. However, we would not have cut a check to the customer. We would have paid the repair shop. Or had it towed to our shop. To the OP, what kind of dealership is it that you went to?(Ford, Chevy, etc?)
hamonkeiser
New Member
I understand your point, but I think the mistake you are making is that you are comparing this dealership to the one you work for. From the original post, I don't think this is a dealer with a service department (I could be wrong). I'm sure that this dealership operates differently from yours. You said it yourself, it's the dealership's fault for giving the owner the check. They gave up all control when they gave him the check & if they did not have him sign anything stating that he had to have it repaired or provide them with a reciept for services completed then the OP owes them nothing. I'm afraid the dealership is going to have to eat the loss on this one. It's just not a good business decision for them to sue as it will most likey cost them more money in time & legal costs. The courts are going to lean in the consumers favor. It just doesn't seem cost effective. $1600 compared to what what a dealership most likely makes in month is nothing.
hamonkeiser
New Member
strtrcr50, I think we a both basically agreeing on the same thing. Basically, if the dealership files a law suit, they will most likey lose. I just do think it would be a wise decision for them from a cost stand point. I think that as long as the OP has the trany shop to back him up, then he has very little to worry about.
strtrcr50
New Member
Yep. I am 90% sure they won't win. I'd be suprised if they don't do anything. I'm willing to bet this is one of those fly by night used car shacks.
25thmustang
Mustang Master
I merely think the dealership is hoping to win under the terms, they will pay half towards fixing the issue. Their mistake was giving you any money, they should have agreed to the shop charging them half and you half, not just tossing you the money. Who's to say you don't go out and sell the car for what you paid, not tell the guy about the tranny issue, and make off with $2000 in your pocket. I'm sure the dealer doesn't care about that, just soured that you took the money and didn't use it to fix the car!
iLkYsPoNy
if she's a tranny then... well I'd do her.... it..
I don't think all of you are familiar with the wording of the Buyers Order when purchasing a vehicle. In this case, the Buyers Order states the dealership will pay for "50% of the Repairs". The OP came to the dealership with an estimate with the implied intent to have a repair performed. In this case, it seems the dealership's mind set was "pay me now or pay me later". So, they cut a check for him to have the vehicle repaired. The OP defaulted on his end of contract by failing to have the vehicle repaired while still keeping said monies. The OP has committed a fraudulent act by accepting the money for repairs that weren't performed. The money was not his to keep. The money was intended to be spent on the transmission, not to help him out of the vehicle.
Also, I don't feel most of you are familiar with the how "Used car warrantys" work. In cases like this, dealerships do not use the profit of the vehicle sold to "purchase" a warranty from an outside company. It purely doesn't make financial sense to spend, for example, $800 on a warranty that may or may not get used. The dealership's are usually "self insured" when it comes to things like this. Mostly, it's hit or miss. Occassionally they will have a vehicle like the OP's that has an issue, most the time they don't.
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IMHO, the OP can be considered a thief. I feel that he had no intention of fixing this vehicle and deliberatly accepted money with no intention (see: FRAUD). Sorry, but I feel he would lose if it went to court. It comes down to the contract, the OP is just as responsible for holding up his end of the bargain as is the dealership. Good Luck.
Also, I don't feel most of you are familiar with the how "Used car warrantys" work. In cases like this, dealerships do not use the profit of the vehicle sold to "purchase" a warranty from an outside company. It purely doesn't make financial sense to spend, for example, $800 on a warranty that may or may not get used. The dealership's are usually "self insured" when it comes to things like this. Mostly, it's hit or miss. Occassionally they will have a vehicle like the OP's that has an issue, most the time they don't.
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IMHO, the OP can be considered a thief. I feel that he had no intention of fixing this vehicle and deliberatly accepted money with no intention (see: FRAUD). Sorry, but I feel he would lose if it went to court. It comes down to the contract, the OP is just as responsible for holding up his end of the bargain as is the dealership. Good Luck.
strtrcr50
New Member
Costs me $100 for a 3 month,3k powertrain warranty with a $100 deductible. No 50/50 crap. And no problems getting the company to pay on the rare occasion there is a problem. I always would take that over a chance on having to eat an engine job.
iLkYsPoNy
if she's a tranny then... well I'd do her.... it..
Obviously, different strokes for different folks. 
What do you do at your dealership (assuming from your response)?
What do you do at your dealership (assuming from your response)?
- May 11, 2004
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You’re wrong. He tried to screw me. I owned it less than 24 hours and the rear windows were broke, I paid out of my pocket $270 the first day of owning. Then the transmission fails to shift properly after 2 weeks. I took a $2,000 loss with his check and owned it less than a month. Take me to court, I will counter sue and win. I offered to take car back and he refused even though law states that dealership has to take cars back new/used within if customer has major issues within a short period of time by Lemon Law of Ohio which is the strictest Lemon Law state. Good Luck to the stealership. Yeah, most dealerships don't test all the power functions when they buy a car; this is why he's screwed. He wrote the check and still thinks the tranny isn't bad. So why did he write the check? Calls me months later and wants a receipt? Idiot, I don't owe him anything or any explanation, it's sold, it's gone, good luck with that. He also wanted the buyers Name and number, got a warrant? I also found that all fluids were low, including coolant, and oil. I'm not going to take $10,500 up my rear because he wants to screw me, I’m not a woman. Unfortunately, I know a lot about cars and liked this on looks but couldn't work on it due to special tools needed since it was a foreign car. Same goes for BMW's, Mini Coops, etc. I say, take me to court and waste more of your money. I have the mechanic to back me up and witnesses that will appear in court to prove this and all reciepts that came out of my pocket. Main question is, why is he calling me now? Why not months ago or a week after I got the check? Someone spilled the beans that I sold it and now he's pissed. Too bad too sad. Got money to waste?
- May 11, 2004
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strtrcr50
New Member
Obviously, different strokes for different folks.
What do you do at your dealership (assuming from your response)?
F&I manager. If nothing else, it allows me to hook up everyone I know with warranties, lojack, etc.. It pays pretty good too, but the hours suck! You work at a dealership?
