What are my rights as an automotive consumer if a car has major issues since purchase “as-is”?
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What are my rights as an automotive consumer if a car has major issues since purchase “as-is”?
I bought a car from a used car dealership; it was as-is along with extended warranty. The warranty denied transmission coverage, dealership urged us to cancel warranty – get refund, and offered to assist in fixing. After $7000 of my money and $1900 of dealer’s, car is still not reliable (falls out of gear randomly while driving). I originally agreed via email that I wouldn’t sue after they paid $1900 towards repairs but now car still not drivable, can I still sue? How much leverage do I have as a car buyer? I can’t afford any more repairs.
Asked on August 7, 2012 under General Practice, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to file complaints against the warranty company and the dealership. File these with the department of motor vehicles, the agency who regulates dealers and the insurance department in your state. You need to push for your money back. If you approach the dealer by writing to it and following up with phone calls, offer that you will not sue if you get your money back and have it pick up the car. Explain that it sold a car that is not road safe and since you did not get a document to waive your rights (i.e. a document stating it is not road safe), then it really has no grounds to stand behind the "as-is" sale because as a registered dealer, it still must maintain minimum standards.
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