Question:

Used car Bought with problems please help?

by  |  earlier

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I Live in NY and I bought a nice 1995 ford ranger splash that was all decked out for 3995.00 with a 30 day warrentee motor and tranny . truck has 103,000 miles

I took it to them to have the brakes looked at and they said they were fine. my uncle told me they are retards and they are real bad.. I CAN tell from they way it stops my uncle is right .

The next one there is a spot for a air bag on the pass side. however behind the plasitic is only a wire plug in for one. After I bought it I could tell the whole front end has been replaced and somone for-got to put a airbag back in .I have full collision on it and get a 2x air bag discount . I told the dealer about the air bag and he said it did not come with one .. Even know you can see where it goes my insurance says it does , I can even see the gunpowder stuff in the dash from it going off.

WHAT CAN I DO LEGALLY

Im commiting insurance fraud without even knowing it

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5 ANSWERS


  1. Regarding whether brakes are covered by used car warranties: New York's General Business Law, Article 11-A, §198-B Sale or Lease of Used Motor Vehicles, requires that the warranty on a used car purchased from a dealer cover certain parts, including these brake system components: master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings and disc brake calipers.  (Note that drums, rotors, and shoes do not appear to be on this list.)  

    Regarding what you can do, I would suggest returning the car for a refund.  New York's General Business Law, Article 11-A, §198-B Sale or Lease of Used Motor Vehicles states "If the dealer or his agent fails to correct a malfunction or defect as required by the warranty specified in this section which  substantially impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and refund to the consumer the full purchase price ... [the remainder of the sentence deals with leased vehciles]".  Reasonable period of time means three attempts.  As long as the problem is reported to the dealer before the warranty expires, the dealer remains obligated to fix it, even after the warranty expires.

    "If a dealer can’t repair a defect after three tries, the consumer has the right to request a refund or replacement.

    If the dealer refuses, you have several options... the New York State Used-Car Lemon Law Arbitration Program where the arbitration is binding...

    Even when a car is not covered by the Used-Car Lemon Law ... State law still requires used car dealers to certify that the car was inspected and that it is fit and roadworthy. A dealer cannot legally sell a car “as is.”

    If you purchase an un-roadworthy car from a dealer, and the dealer refuses to fix the problems to your satisfaction, you should file a complaint with ... the Department of Motor Vehicles. Include copies of the car’s diagnostic inspection with your complaints...

    To file a “Lemon Law” complaint, contact the New York State Attorney General’s Office at (212) 416-8345.

    Write the New York State Attorney General’s Office of Public Information, New York State Department of Law, 120 Broadway, New York, NY 10271 for a detailed brochure

    on New York’s Used-Car Lemon Law and Arbitration Program. To participate in the Lemon Law Arbitration Program, write to the Office of the Attorney General at the above address for a “Request for Arbitration” form. Return the completed form to the Attorney General’s office, Attention: Used-Car Lemon Law Arbitration Unit."


  2. So, if you can see all this now, why didnt you sell this before you bought the car. Surely you would have noticed that the car had damage when you inspected it on the lot? Didnt your mechanic pick it up when you took it to him for an inspection before you bought it?

    Didnt you notice the brakes were funny when you test drove the truck?

    Your warranty will not cover brakes. Brakes are a serviceable part and they need to be renewed. Its the same as the warranty wont cover oil, wiper blades or tires. They all wear  out.

    Regarding the airbag, its possible that it didnt leave the factory with one. Some cars use the same wiring harness all throughout the model range from base to top, so some will be prewired for things like speakers, 3rd brake light, power windows, etc, even if they arent fitted.

    Check out the VIN number and options plate and phone the a dealer who sells them new and ask if this car should have had 2 airbags.

  3. What you need to do is very simple.......just call any Ford dealership and give them the VIN and they will be able to tell you if the truck came with two airbags or not.

    In new york you have a 30 day or 1000 mile warranty on on used cars and trucks.

    If the dealer knew that the vehicle was missing an airbag then they must disclose to you, new york law.

    Then you contact the consumer protection agency in new york.

  4. As far as your brakes, it doesn't sound like the warranty covers them.  But your Air bag is another matter.  If the car was in a wreck, the dealer should have told you.  If the Air bag is missing, you need to report it to the police, and ask them the best way to go about resolving this "Safety Issue".

  5. They HAVE to replace the air bag.  If they came with it at the factory, it must be replaced after the accident.  It is like the seatbelt.

    This is the LAW.

    Sometime a mechanic will STEAL the air bag during a long repair.  Document it (with videos and photos), and sue them if you have to.

    Good Luck...

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