YACT: Just got in a verbal boxing match with the car dealership... and I got owned.

Red

Diamond Member
Aug 22, 2002
3,704
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Soooo, if you read my other YACT, you would know that I bought a '97 I30 on Saturday for $6800 and the alternator died when it was in my driveway... and it has been sitting there ever since. The dealership told me to have the car towed up there and he would install a new alternator.... however, he didn't mentioned whether or not he was paying for towing.

Soo, I called him today @ 11:35 and I asked him if he preferred any towing company, since he was paying for it. He said "I didn't think I was paying for towing." I told him I assumed he would be paying for everything since the car I bought from him didn't even make it to my house. He said he would check to see what he could do for me and call me back.

I still had not received a call from him by about 2:30 so I called back. He said that they sold the car for me for a good price and he could only offer to pay for the labor and the part.... not towing.

Keep in mind, this place is about 35 miles away (about $100-$200 for towing)

Soo, I lied and said "Well, my credit union told me they could stop the check if I didn't want to procede with this transaction. I want the car, but you're not being reasonable."

He says "I don't know what shady character told you that you could stop a check for a car transaction, but it's called Theft by Deception. I can go file charges right now if you stop the check."

And that is when I say "Listen, I'm not trying to get involved with cancelling my loan or getting charged with Theft by Deception. Your family owns airplanes and car dealerships and I'm finding it hard to believe you can't cough up another $100 to have my car towed up to your facility."

He says "Well, I should just hang up on you right now. What does my father rebuilding old airplanes have to do with me giving you ANYTHING? I could tell you you're out of luck right now and not even have to worry about it. We sold the car to you AS IS... you bought an aftermarket Warranty. You're in limbo right now because they haven't received their paperwork or money from the warranty yet. It takes a couple of business days. I could tell you that you're screwed and do nothing for you because I don't have to. But, I'm trying to be nice and install an alternator for you for free and you want to break the law over a $100 towing fee. You should get AAA."

Me says, "Listen... I apologize for making a comment about your family, because it's totally irrelevant and I shouldn't have said it. I just want to explain to you why I'm so frustrated.... I just paid a lot of money for a car and it doesn't even work... it didn't even make it to my driveway from your dealership. I understand that my warranty paperwork is en route, and I understand that you're offering to take care of my alternator when you really don't have to, but I'm finding it hard that a reputable used car dealership like yourself is making me pay any money out of pocket for a car that didn't even make the drive home."

He says, "Jason, no hard feelings about the comment. It seems to me you want to save money. This is what I can do for you: Get a ride to my dealership tomorrow. I will give you an alternator for free, and I will write you a check for the standard labor for this alternator @ $50/hr. You can then pay someone to install the free alternator. No towing involved."

Me says, "Sounds good, I'll be up there tomorrow, thanks."

Uhhhhg, I have never resorted to making personal comments about someones family or business in an argument before, but I was literally about to pop when I was on the phone with this guy. As my father told me last night "Welcome to world of used cars."
 

PunDogg

Diamond Member
Jan 15, 2002
4,529
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if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg
 

Red

Diamond Member
Aug 22, 2002
3,704
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Well I looked up lemon laws for Ohio, and I'm not lawyer, but as far as I can tell it only applies to new cars, not used cars.

Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg

 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
You got owned, and being savy and apologizing to him quickly he decided to do what he honestly didn't have to do. I'd take his money, thank him and bless his family, and get the alternator fixed locally on his dime :)
 

lightpants

Platinum Member
Aug 13, 2001
2,452
0
76
Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg

Lemon laws apply only to new cars


step 1 - charge battery with battery charger
step 2 - drive car to dealership

How do you know it is your alternator?
 

kermalou

Diamond Member
Jun 22, 2001
6,237
0
0
as is, means just that.
if he knew nothing of this alternator being defective, he is in the clear.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg
The alt died once - it's no lemon!

 

jonMEGA

Golden Member
May 21, 2001
1,232
0
0
Well he seems to be fair about the whole thing, offering to pay for the labor charges. But you still need to get the car towed somewhere.....

(I would install it myself and pocket the check) :)
 

AEnigmaWI

Senior member
Jan 21, 2004
427
0
0
IMHO, he wouldn't have offered you anything if he didn't have some legal obligation. When the car is inspected, they have to check that parts are working correctly. You might have ground to stand on claiming that the vehicle was improperly inspected prior to sale, and that known faults were not disclosed. This would let you go after him..

So he gives you a free part so you won't even think of that.. I would get the car checked out ASAP and make sure you don't sign anything. All cars sold must be inspected, and faults disclosed. It's that white sticker in the window with the check boxes and the mileage...

Someone tell me if I'm just off base.
 

jemcam

Diamond Member
Jan 3, 2001
3,676
0
0
Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg


Lemon laws don't apply to used cars, only new.
 

DealMonkey

Lifer
Nov 25, 2001
13,136
1
0
Ever hear of AAA? Free towing for members. With their "premium" membership, they'll even tow your car up to 100 miles. With the way your car is behaving, If I were you, I'd go sign up RIGHT NOW! :)
 

bmacd

Lifer
Jan 15, 2001
10,869
1
0
Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg

he bought used...he should have had it inspected by a third party mechanic. Having one car problem hardly qualifies something as a lemon. Hell, my Explorer would be a bag of lemons then!

-=bmacd=-
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg

you might want to look up what the lemon law is. First most states only have that on NEW cars. second he cant claim lemon law on the first time it busted. third he bought it AS-IS.

He got real lucky. he lied and got caught. then tried to bully the guy. He is real lucky the guy didn't tell him to cancel the check and hang up. Heck i would have at that point.

This sounds like a real good place. they gave him a heck of a deal on fixing it.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Originally posted by: AEnigmaWI
IMHO, he wouldn't have offered you anything if he didn't have some legal obligation. When the car is inspected, they have to check that parts are working correctly. You might have ground to stand on claiming that the vehicle was improperly inspected prior to sale, and that known faults were not disclosed. This would let you go after him..

So he gives you a free part so you won't even think of that.. I would get the car checked out ASAP and make sure you don't sign anything. All cars sold must be inspected, and faults disclosed. It's that white sticker in the window with the check boxes and the mileage...

Someone tell me if I'm just off base.
I think you're off the base because he already bought the car and signed an "as is". Since he already signed an as is, I can't imagine that the dealer is liable for a damn thing!

 

lightpants

Platinum Member
Aug 13, 2001
2,452
0
76
Originally posted by: AEnigmaWI
IMHO, he wouldn't have offered you anything if he didn't have some legal obligation. When the car is inspected, they have to check that parts are working correctly. You might have ground to stand on claiming that the vehicle was improperly inspected prior to sale, and that known faults were not disclosed. This would let you go after him..

So he gives you a free part so you won't even think of that.. I would get the car checked out ASAP and make sure you don't sign anything. All cars sold must be inspected, and faults disclosed. It's that white sticker in the window with the check boxes and the mileage...

Someone tell me if I'm just off base.

You are off base- as is= AS IS
 

AEnigmaWI

Senior member
Jan 21, 2004
427
0
0
right, he signed an "as is" meaning as is disclosed by the dealer. As is doesn't mean the dealer gets to lie about the condition if an inspection is performed. Esp. if there are obvious faults that a standard inspection would catch. Reason to have it checked out ASAP.
 

AmericasTeam

Golden Member
Feb 4, 2003
1,132
0
0
Interesting read.
Surprised that he didn't want to take care of you completely.
I wouldn't say you got owned, screwed maybe, but not owned.
 

AEnigmaWI

Senior member
Jan 21, 2004
427
0
0
if the brakes don't work, but dealer condition says they do, they have lied about condition. That vehicle inspection isn't just a decoration is it?
 

jemcam

Diamond Member
Jan 3, 2001
3,676
0
0
Originally posted by: PunDogg
if u have to get a lawyer, that might be a lemon, or at least come close to it

Dogg


Lemon laws don't apply to used cars, only new.
 

DT4K

Diamond Member
Jan 21, 2002
6,944
3
81
You should be thanking him for doing anything for you.
Yes, stopping payment on a check is illegal and fraudulent.
I would hope that a dealer would help you out a little out of courtesy, but they are not required to.
As state above:
As Is = As Is.