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  1. #1
    Join Date
    Aug 2016
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    4

    Default What is a Buyer's Recourse after Purchasing a Car with a Bad Engine

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

    I purchased a used diesel truck. I drove it home with no problems. The next time I went to drive the truck, I found a large puddle of oil under the truck. I started it up and it ran rough and noisy, and smoked a lot. After it warmed up, the truck seemed to run fine.
    I spoke with a friend who was a former employee of the dealership. He mentioned that the truck had been on the lot for quite some time, and the dealership was aware that it had a "burnt cylinder".
    I had the truck diagnosed at a nearby Dodge dealership. Sure enough, the cylinder was scored and the piston was burnt. Estimated cost to repair range from $10k to $13k.
    The dealership denies any knowledge of the bad engine and are unwilling to take the truck back.

    If I can talk my friend into testifying against the dealership, do I stand a chance at winning a lawsuit to recover my repair cost?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Purchased Car with Bad Engine

    You posted this question as being about warranties. If you in fact purchased a warranty with the vehicle, you can see if the warranty covers the engine problem.

    If you in fact purchased the vehicle as-is, with no warranty, or if your warranty does not cover the problem with your vehicle, you can still talk to the dealership about whether they will offer you any sort of assistance or discount in relation to the repair.

    Montana's lemon law potentially applies to vehicles that are less than two years old and have less than 18,000 miles on the odometer, but does not apply to trucks purchased for commercial use or trucks over 10,000 pounds GVW. I suspect that the vehicle you are describing does not qualify.

    Montana has some general provisions relating to unfair and deceptive practices in the sale of motor vehicles, but you have not yet shared any facts that would prove a violation. See Administrative Rule 23.19.204.

  3. #3
    Join Date
    Aug 2016
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    4

    Default Re: What is a Buyer's Recourse after Purchasing a Car with a Bad Engine

    Quote Quoting Mr. Knowitall
    View Post
    Montana has some general provisions relating to unfair and deceptive practices in the sale of motor vehicles, but you have not yet shared any facts that would prove a violation.
    So if the dealership didn't disclose that the vehicle had a bad motor, that wouldn't be considered unfair and deceptive practices?

    Where I messed up is I called the dealership to tell them I was coming to look at the vehicle. So they had the opportunity to warm the vehicle up, making it very difficult to know there was a major engine problem.

  4. #4
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    Default Re: What is a Buyer's Recourse after Purchasing a Car with a Bad Engine

    They say that they didn't know of a problem with the vehicle, and you apparently chose not to have the vehicle inspected before you made your purchase. If you have no evidence that they knew that the motor was bad, you have no case that they failed to disclose a problem. Further, if all they did was tell you that the sale was "as is" without making any representations about the condition of the vehicle, there would be no false or misleading statement associated with the sale.

    You can see where you can get in negotiations or in court by bringing in the claims of the ex-employee, but that would seem to raise the question of why your friend didn't share any of this information with you before you chose to purchase the vehicle as-is, and the former employee's claims would not prove that any misleading statements were made by the dealership in association with the sale.

  5. #5
    Join Date
    Aug 2016
    Posts
    4

    Default Re: What is a Buyer's Recourse after Purchasing a Car with a Bad Engine

    Well I didn't discuss it with the friend until after I purchased the vehicle. I didn't realize the vehicle had been on their lot that long (he quit several months ago).

    I understand what you're saying, though. Thanks for the response.

  6. #6
    Join Date
    Dec 2015
    Posts
    272

    Default Re: What is a Buyer's Recourse after Purchasing a Car with a Bad Engine

    Buying a used car, especially "as-is", is an extremely risky endeavor for the average buyer. Having taken a mechanic along prior to purchase, he likely would have been able to tell you 1) that the car had been running for a while before you got there and 2) should have suggested that was strange. I've purchased several used, as-is cars and always take along my personal friend who is a mechanic and one of the things he always checks is the radiator coolant in the radiator (which is impossible to check on a warm/hot engine). It is extremely difficult to actually *prove* that a dealership tried to hide and deceive engine problems. Dealers hide things all the time - but proving it is the issue.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What is a Buyer's Recourse after Purchasing a Car with a Bad Engine

    Check out the lemon laws for your state. They vary wildly on this issue, and I do not know what they are in your state. In mine, any vehicle that changes hands must be able to pass a state inspection within 7 days. This is true even if it has a valid inspection sticker. If it cannot, and if the cost of the repairs would be more than 10% of the purchase price, you have 14 days in which to return it to the seller under the state's lemon laws. You must have a written statement from the inspector and you must request your refund from the seller in writing.

    Not all states have this law and not all states even have state inspections. But it can't hurt to look them up.

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