If a used car purchased "as is" needs $2500 worth of repairs 4 days later, do we have any recourse?

Question

My nephew purchase a used car from Hyundai. The salesperson told him the car was in "mint" condition. Four days later, the car broke-down and ultimately, the cost of repairs were $2500. When we called the dealer/salesperson to explain what happened, he could not have cared less. In Illinois the Lemon Law does not apply to used cars. I know "as is" means "as is" but, this really is fraud. The car mechanic stated the problem with the car was very obvious and not a hidden problem and the dealer obviously knew the car was not in "mint condition". Its really a shame that the dealer did not make a "good faith" attempt to repair the vehicle. Do we have any recourse at all?

Answer 1

No. Do you or your nephew understand the definition of "as is"? You might be able to hire an attorney and sue for fraud, but it would be expensive and there's a good chance you wouldn't prevail.

Answer 2

You would have to check with the consumer protection agency on your state.

A dealer is under obligation in most states to tell the purchaser of a car of any known defects. But to prove it was known could be difficult, if not impossible.

So at this point you need to become informed on your states rules and the mechanism for enforcement and what other legal recourse's you have.

No doubt the salesman would not inform you of your legal recourse, but the state agency will and so will a lawyer.

Answer 3

Man, I hate to tell you, but unless some type of guarantee is in writing, a vehicle purchase is completely "as-is".  It's definitely a "buyer beware" situation.  Your nephew should have 1) had the right to take the vehicle to his mechanic for inspection before he purchased it, and 2) signed an "as-is" sticker or form which by law should be displayed on the vehicle window if it's used.  If he didn't sign and get a copy of this form, you might--MIGHT--have some recourse.  If not, it's a "he-said, he-said" case.  Is it fraud?  Not in the legal sense.  Is it wrong?  Absolutely.  Dealers like this make the rest of us look awful.

Answer 4

No you don't unless if the dealer wants to play nice and help you with the repairs. Just as you stated as is means you buy the car problems and all. Chances are the shop knew what problems the car had, but the sales person didn't know. (or there is a slight chance that the vehicle went straight onto the lot without any inspection too. I'm not familiar with your states used car inspection laws) If you talk to the dealership GSM (General Sales Manager) he/she may be able to get the shop to help you with repair costs.

Answer 5

As is means just that. Your only recourse is to drive around with a big sign on the roof of your car stating your 'displeasure' with the goons that sold the car. We actually had some guy in my home town paint a giant lemon on each side of his car and 'I bought this lemon from ****** Ford'. This character was so obsessed that he would drive back and forth in front of the dealership every single day, around all the malls, movie theaters and churches on weekends and would park it on the street at night so everyone that passed would see it. It was a riot and he kept it up for almost a month -- until the Ford dealership got a call from their district manager. It seems SOMEONE took some photos of the car parked in front of the biggest mall in town and mailed them to the district office of Ford. The dealership took the car back and refunded his money. It was kind of sad to see him go but we were all glad that he had enough guts (and enough sense not to say anything that would get him sued) to fight back.

Answer 6

I agree with the two answers above.

I would also contact The Better Business Bureau and file a formal complaint.

Answer 7

Sorry, but you have no real cause of action.  Unless there was a warranty in writing, you get to repair the car.

The statement of "mint condition" is a what the law calls a nebulous statement.  It is not specific and is open to interpretation.  If he had said "The car has a brand new engine" and it didnt, that's one thing.  But general statements don't carry any weight.  "Mint" to you and "mint" to him are obviously two different things.  

This is the part where I say "If the problem was obvious, then it would have been spotted by YOUR mechanic in a pre-purchase inspection".  I don't care where you are buying the car - private party, dealer, used pope-mobile - ALWAYS have an inspection done.

Sorry you are in this situation, but there really isnt a lot that can be done.