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Carmax problem resolved

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Zenmervolt said:
It's never a bad thing to just ask a lawyer about one's options. The vast majority of attorneys give realistic responses and actually inform their clients (or potential clients) about what rights they have under the law without trying to push people into lawsuits.

ZV
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Weird, I thought their purpose were to file frivolous law suits and hope to settle.
 
SSSnail said:
Weird, I thought their purpose were to file frivolous law suits and hope to settle.
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In the same way that all people who are good with computers are virgins living in their parents' basement, sure. 😉

"Attorney tells man he has no case and shouldn't waste his money on suing" isn't going to sell newspapers or generate pageviews, after all. 😛

ZV
 
Call me dumb, stupid, whatever, for not looking at the engine closer and checking the emission sticker. I did look at the engine and test drove the car. The 2.0L and 1.6L engines look very similar, see pics. What really tipped me off is when I changed the oil this week is that the owner's manual states that the 2.0L takes 5W-30 oil and the 1.6L 5W-20 oil. It's stamped on the oil fill cap.

Not to sound redundant but the purpose of my first post was to get opinions from any consumer law experts here on whether Carmax was obliged by law to do more than buy the car back from me. I was happy with the solution they offered me and my intent was not to try and fuck them out of more as some have suggested. From the way the post was worded this may have come across the wrong way.

I am not going to lawyer up. I don't know where that came from.

Again, this is my wife's vehicle. She drives it ~98% of the time. To move up to a 2.0L from Carmax from their current inventory with similar options and mileage would be ~$2K more than we paid, which IMO is not worth it.

1.6L turbo Escape engine

2013Escape16Lengine.jpg


2.0L turbo Escape engine

2013Escape20Lengine.jpg


Emission sticker in upper right corner. Yeah, I missed it.
Escape.jpg
 
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If Carmax is willing to buy back the vehicle and eat the depreciation, tax, title, etc costs, then they should also be open to a settlement where you keep the car, but they give you some cash for your trouble, and to avoid having to spend more money and time buying back and trying to re-sell the car.
So I would not take the buy-back off the table, but use it as a frame to negotiate a cash settlement.
 
senseamp said:
If Carmax is willing to buy back the vehicle and eat the depreciation, tax, title, etc costs, then they should also be open to a settlement where you keep the car, but they give you some cash for your trouble, and to avoid having to spend more money and time buying back and trying to re-sell the car.
So I would not take the buy-back off the table, but use it as a frame to negotiate a cash settlement.
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always one in the crowd....
 
senseamp said:
If Carmax is willing to buy back the vehicle and eat the depreciation, tax, title, etc costs, then they should also be open to a settlement where you keep the car, but they give you some cash for your trouble, and to avoid having to spend more money and time buying back and trying to re-sell the car.
So I would not take the buy-back off the table, but use it as a frame to negotiate a cash settlement.
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Congratulations, you personify what is wrong with America.
 
MadScientist said:
Call me dumb, stupid, whatever, for not looking at the engine closer and checking the emission sticker. I did look at the engine and test drove the car. The 2.0L and 1.6L engines look very similar, see pics.
Escape.jpg
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Agreed. I apologize for my remark. After reviewing the pics they look nearly indistinguishable.

If it were up to me I'd push for Carmax to get me the 2.0 but I've always valued performance over economy.
 
tortillasoup said:
he is right though...
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No he isn't. 4k miles and 3 months is negligible depreciation for a used car. The tax is refundable (they're not buying back the car, they're voiding the sale), so all they'd be eating is the title and registration. (which they do eat)

They're looking at maybe $200, and it would likely cost more in accountant fees to manage any nonstandard payout than to take the car back. So OP has them for nothing.
 
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MadScientist, I'm sure you've already figured it out, but the reason people are ragging on you is because of your inflammatory thread title.

"Screwed" (with two exclamation points, no less) implies intent, and malice on their part... Neither of which is accurate at all.
 
DominionSeraph said:
No he isn't. 4k miles and 3 months is negligible depreciation for a used car. The tax is refundable (they're not buying back the car, they're voiding the sale), so all they'd be eating is the title and registration. (which they do eat)

They're looking at maybe $200, and it would likely cost more in accountant fees to manage any nonstandard payout than to take the car back. So OP has them for nothing.
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But they are buying back the car because you can't "Void the sale" of a car that has already been registered and all of that shit. If you can provide evidence that you can do everything you say they can do (which they cannot) that'd be great because in all honesty they really are buying back the vehicle and sales tax would have to be paid for again, etc.

The car isn't being "lemon law'ed" nor is it going to be scrapped so unless they never want to register it again in the U.S, I don't see how the company can avoid all of those fees.
 
tortillasoup said:
But they are buying back the car because you can't "Void the sale" of a car that has already been registered and all of that shit. If you can provide evidence that you can do everything you say they can do (which they cannot) that'd be great because in all honesty they really are buying back the vehicle and sales tax would have to be paid for again, etc.

The car isn't being "lemon law'ed" nor is it going to be scrapped so unless they never want to register it again in the U.S, I don't see how the company can avoid all of those fees.
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It is obvious that you do not know what you are talking about at all!!
 
Wingznut said:
MadScientist, I'm sure you've already figured it out, but the reason people are ragging on you is because of your inflammatory thread title.

"Screwed" (with two exclamation points, no less) implies intent, and malice on their part... Neither of which is accurate at all.
Click to expand...

You are absolutely, positively correct. This was my gut feeling when I first noticed that the vehicle had the 1.6L turbo engine. After speaking with Carmax I should have not used the word "Screwed" in the thread title. I have changed it.

This is my last post to this thread.
Carmax's corporate office called me today and offered me the same deal as their Knoxville store with a few free oil changes. They suggested I test drive an Escape with the 2.0L turbo engine, which we did today. The 2.0L turbo, 240HP, engine has more get up and go. My wife wants one.

I checked their inventory again and found a 2014 Escape in their Houston store, same model, color, and interior as our 2013 with a 2.0L turbo engine, 14K miles, rear view camera and sunroof (options ours does not have) for exactly $1K more than what we paid. They will pay the $499. transfer fee to Knoxville and other fees. They are going to handle it as a trade in and give me what I paid for the 2013. I will have to pay sales tax on the $1k difference, ~$70. We will sign over the title, no lien on it, of the 2013 to Carmax and a new title will be issued for the 2014. The plate and registration for the 2013, which I just renewed last week, can be transferred to the 2014. There are small fees for the new title and registration transfer.
We ordered it. It will take 2-3 weeks for delivery. Our 2013 has 11.7K miles on it now but we are going to FL next week, which should bring it up close to 14K. They don't have a problem with that.

And this time I will check the emission sticker before I sign anything.
 
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Honestly this thread makes me more inclined to purchase a vehicle from Carmax, not less. Good on them, most companies would just tell you to lawyer up and gofuq.
 
Yeah, your biggest clue that it was not the 2.0T would have been when you stepped on the gas pedal... :biggrin:
 
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