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  1. #1

    Default Dealer Didn't Obtain Inspection, Made Out Paperwork to Look Like a Sale by Last Owner

    My question involves a consumer law issue in the State of: NY...

    I live in and bought a car in the state of NY from a licensed dealership. The dealership advertised the car on the local paper's auto website and I have a receipt from the sale with the business name. I don't buy cars often maybe I'm a sucker and I do give way too much slack giving people a chance to "fix things." I guess that's why I;m in this position.

    The way the paperwork played out is as if I bought it from the previous owner who had a lien on the vehicle who traded it in for another purchase. I was given a ten day sticker from the DMV (with ten days to get an inspection). There were a few "minor" issues to get the vehicle to pass inspection, I brought it back a couple of times to get the inspection and other things the dealer promised to fix, he made good on those repairs he promised. I was originally told inspection was on me, then I found out about the small "problems" that needed to be corrected, he agreed to get the vehicle inspected. Not inspected on pick up, no prob, I got a ten day sticker from the DMV when I registered it. When he made the other repairs, no inspection. I agree to meet him again, one problem gets corrected and I was kind of blown off or forgotten after that.

    I feel these "small problems" turned into a big problem, more of pain in the ass than he thought, or more expensive than he thought ( didn't make a ton of money off of me).

    I was talking to someone after and was told as a licensed dealer he MUST provide the vehicle with an inspection at the time of sale, the sale MUST go through him and he cannot pass a vehicle off that was traded into him as me buying it from the guy who traded it into him. I look online and sure enough the state sight says a licensed dealer must provide an inspection, but nothing about what my options are.

    It's been over a month, what are my options at this point? The small problems are error codes that are being falsely tripped due to a small problem but if I'm afraid of going to a licensed inspection station because I'm afraid they will try to charge me thousands to repair the systems instead of a few hundred bucks to correct the real problem.

    Thanks.

  2. #2
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    Default Re: Dealer Didn't Obtain Inspection, Made Out Paperwork to Apper to be Sale by Last O

    You need to decide if you are going to address the suspected issues with the car, or if you are going to ignore them. If you want to address them, the first step would be to see if the dealership will take care of them for you. If you prefer not to do that or if they say "no", you can take the car to a mechanic and try to obtain substantiation that the problems arose before you purchased the car and would have caused the car to fail inspection. If you choose not to obtain evidence to support the existence of an actual problem with the car which would have caused it to fail an inspection at the time of purchase, and which existed at the time of purchase, the passage of time will make it increasingly unlikely that a court would accept that argument.

    Apart from that, you have the issue of how the dealer handled the sale and the possibility that they did so in order to avoid having to have the car pass an inspection before being delivered to you. You can report the dealership's actions to the DMV. Their actions may also help you convince a court that they knew of problems with the car that they were legally obligated to fix before selling it to you, and that they were trying to circumvent that duty. The DMV's suggestions:
    Quote Quoting Consumer Assistance
    If you have a complaint about your vehicle, bring it to the attention of the dealership management right away. Keep a record of all contacts with the dealer about the vehicle and any repairs or adjustments made. Keep copies of all work orders and invoices as proof of your attempts to resolve the problem.

    If you cannot resolve the problem with the dealer, write to: Bureau of Consumer and Facility Services, PO Box 2700-ESP, Albany, NY 12220-0700, or phone (518) 474-8943 between 8:30 a.m. and 4:15 p.m. weekdays.

    If your complaint concerns a repair, you must file it with the Department of Motor Vehicles within 90 days or 3,000 miles of the repair, whichever comes first. If your complaint does not fall within its jurisdiction, DMV will refer you to the proper agency.
    This trial court decision from Ithaca suggests that, depending on the full facts, you may be able to seek relief through a court that includes rescission of the contract (returning the car and getting your money back, usually with reasonable compensation to the seller for mileage, wear and tear), if you prefer that to seeking compensation based on difference in value or the cost of repairs.

  3. #3
    Join Date
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    Default Re: Dealer Didn't Obtain Inspection, Made Out Paperwork to Apper to be Sale by Last O

    Try the state atty general, they can usually light a fire because the dealer can have his license suspended.

  4. #4

    Default Re: Dealer Didn't Obtain Inspection, Made Out Paperwork to Apper to be Sale by Last O

    Quote Quoting Mr. Knowitall
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    You need to decide if you are going to address the suspected issues with the car, or if you are going to ignore them.
    As stated the problems need to be corrected to pass inspection, so yea, I have no choice but to address the [S]suspected[/S] known issues with the vehicle.

    Quote Quoting Mr. Knowitall
    View Post
    If you want to address them, the first step would be to see if the dealership will take care of them for you.
    As stated the dealership owner stated he would take care of them (and took care of other agreed upon repairs) but the problem seems to nag instead of being the quick fix he thought it would be, I think it's more of a pain in the ass than he thought it would be originally and I feel I just get blown off now because he doesn't want to deal with it considering he didn't make that much off of me (on the sale) as other businesses he's tending to.

    Also, just to clear things up, in the eyes of NY he's licensed to sell cars making him a "dealership" but there's a big difference between a dealership and a used car dealership" IMO.

    Quote Quoting Mr. Knowitall
    View Post
    If you prefer not to do that or if they say "no", you can take the car to a mechanic and try to obtain substantiation that the problems arose before you purchased the car and would have caused the car to fail inspection. If you choose not to obtain evidence to support the existence of an actual problem with the car which would have caused it to fail an inspection at the time of purchase, and which existed at the time of purchase, the passage of time will make it increasingly unlikely that a court would accept that argument.
    I already have proof that the problems existed before the sale...

    The problem I'm having now is that I'm looking for an honest mechanic who will fix what's really wrong with the vehicle (a few hundred dollars) as opposed to a few thousand dollar repair that a computer scan says it needs.

    I don't have a few thousand dollars right now to lay out to lay out to hope to get back months later after court. That's IF he pays up or on time, I mean think about it, he's dodging me now over a few hundred in repairs.

    I don't really need a car right now, I offered to return it minus a fair amount for my use of it, he turned down the offer. I can't have an unregistered vehicle (no plates) parked where I live so I'm stuck searching for an honest mechanic (which I think I found, hopefully the dealer didn't find some other expensive problem as to why the vehicle can't pass inspection that he's no telling me about). My life could be going in a few different directions jobs and living wise where I either won't need a car or will. Unfortunately, I won't find out for 2-4 months whether I'll need a car or be living and working in the city where a car would be a burden and unnecessary expense. Otherwise I'd just get a car loan and trade this in.

    Quote Quoting Mr. Knowitall
    View Post
    Apart from that, you have the issue of how the dealer handled the sale and the possibility that they did so in order to avoid having to have the car pass an inspection before being delivered to you. You can report the dealership's actions to the DMV. Their actions may also help you convince a court that they knew of problems with the car that they were legally obligated to fix before selling it to you, and that they were trying to circumvent that duty.
    Yea, I don't buy cars everyday and didn't think anything of him doing the paperwork like this (lesson learned). I was told by several sources later that he MUST put the sale through his dealership and CANNOT circumvent this by passing it off as the last owner selling it to me. I now know that a "licensed dealer" must provide the vehicle with an inspection.

    Quote Quoting Mr. Knowitall
    View Post
    The DMV's suggestions:
    This trial court decision from Ithaca suggests that, depending on the full facts, you may be able to seek relief through a court that includes rescission of the contract (returning the car and getting your money back, usually with reasonable compensation to the seller for mileage, wear and tear), if you prefer that to seeking compensation based on difference in value or the cost of repairs.
    Let's just say I bring the vehicle it to a mechanic that performs the necessary repairs and they put a mechanics lean on the vehicle. If the DMV or a court reverses the sale would the "dealer" I bought it for be on the hook to take care of the lean or would that fall on me?

    - - - Updated - - -

    Quote Quoting Disagreeable
    View Post
    Try the state atty general, they can usually light a fire because the dealer can have his license suspended.

    Yea, I'll try that. Thanks. I'd rather stay out of court.

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