Is it legal to sell a used car without telling the buyer something is wrong?
(2012-01-05 15:30:31) 1. Says: My husband and I purchased a 2007 Ford Escape in September from a car dealership here in Virginia which has been a great car to me until now. It is getting cold and we discovered the heat doesn't work. Was it legal for the dealership to sell it to us without informing us that the heat doesn't work?2. Says: Yes, when you buy a used vehicle from a dealership OR private sale, you take full responsibility in knowing what that particular needs. They're always sold AS IS unless the dealership/private seller say otherwise and you have written proof of this. That's why nobody trusts a car salesman.3. Says: Sure it was legal. It may not have been ethical, but it isn't against the law. You don't know that the dealer knew the heater didn't work. There's no law against selling someone a car that has problems, it happens all the time. Since it's a 5 year old vehicle, you bought it "as is" and are responsible for fixing the heater problem.4. Says: If you are buying from a dealership issues they should have provided you with information about warranty at time of purchase, but generally dealers have to provide a basic warranty that ensures a working car. And, If you are buying from a private seller then they it is your responsibility to get the car checked before purchase.5. Says: Yes it is legal, there is no law against selling a piece of crap car.You bought a used car, inspecting it and determining that the car is worth the money you are spending on it is your responsibilty.6. Says: It is legal, unless you asked is there anything wrong? and he lied and said no. Just becaise its legal though, doesn't mean its moral. Also, are you sure there was domething wrong with it when you bought it, if you've only noticed it now.7. Says: The dealer is not required to know every defect on every vehicle they sell. They are not even required to disclose these defects. They are only required to disclose any information that you specifically ask about. And then, this is seldom in writing so it is your word against the dealer which is difficult to prove in court.
Think about this for one moment. It works both ways. Let's assume that you traded a vehicle in on this vehicle. Did you make it a specific point to tell the dealer every little thing that was wrong with your trade in only to have the dealer lower their offer. I bet the answer was NO. You may even have lied about any defects. You just hope and pray that the dealer does not notice any problems when they take your trade for a very short test drive. So they have very little reliable information on your trade.
After taking a vehicle in on trade the dealer may or may not give the vehicle a very quick once over for any problems. However they won't spend much time or money on the vehicle. They spend more time cleaning the vehicle before putting it on the lot.
What you should have done was to take this vehicle to a reputable independent mechanic of your choosing BEFORE you bought this vehicle. There is a good chance a mechanic would have found this problem before you bought the vehicle and you could have made arrangements to have the problem repaired.
But now it is nearly 4 months since you purchased the vehicle. What's to say that the heat was working when you bought it and failed after you took ownership of the vehicle?
Used vehicles are almost always sold "As Is - No Warranty". What part of "As Is - No Warranty" don't you understand? It there is any warranty it would be in writing. The written warranty would specifically state exactly what is covered and for exactly how long.
This is now your vehicle. Do whatever you want with it. Sell it. Keep it. Fix it. Don't fix it. Just don't expect to get your money back or get it fixed for free. Tag: Is it legal to sell a used car without telling the buyer something is wrong?