I’m pretty damn sure you can trade in a car in any condition. It is not your responsibility to make sure the car is safe it is the dealers!
This is why they send cars to auctions when they need work, because they don’t want to deal with fixing them.
A friend of mine had his car towed to a dealer and traded it in. The front tie rod was broke off. The car couldn’t even drive, I think that is a little more serious then an airbag.
I’d say your safe Newman, but it is an awful poor thing to do.
Usually the idiot is of the argument is the one that resorts to name calling instead of arguments.
The dealer is responsible for making sure the car is safe. What if the person who trades in the car does not even know what an airbag is, let alone if it is still active or not. Cars with multiple owners tend to have a rich history, and you can never tell who did what. And there is also the case of mechanical failure. Hell, how many cars at auctions have the bulbs pulled so that they can be sold there. Welcome to the real world, things aren’t always nerf coated.
If you don’t want to be called an idiot, don’t post stupid shit. If you read my original post instead of pulling it apart, in a hastily attempt to use an emoticon, you would have understood the point of my comment. I’ll spell it out for you since you still don’t seem to get it:
I didn’t say anything about legal issues, as you are now implying. I stated that it would be irresponsible and morally wrong. I also tried to bring home the fact that if someone he cared about was driving a car in which the airbags were tampered with and it ended up in an accident. Would he be okay with the outcome?
this is true. however, knowingly misrepresenting the condition of the vehicle is illegal, and would technically void the terms of the trade in and the sale. proving that newman was the one that actually knowingly deceived the dealer is another story… until this thread was created
your analogy fails. there is a distinct difference between not being aware of an existing defect, and knowingly concealing something that could be a huge problem down the road.
the bottom line: this would be a huge asshole move, is illegal, and unethical. why are you even arguing the contrary? it isn’t a matter of opinion. :bloated:
nys dealers are required to warranty the car for a certain amount of time/mileage which is based on the amount of mileage the vehicle has at the time of sale. You are required to sign a mileage statement when trading the vehicle in which states that you’ve never rolled back the mileage and its “correct and true, to the best of your knowledge”.
I would tell the dealership about the airbag, loose a couple hundred dollars (trade in value) and be honest about it. Don’t burn a bridge and possibly blow up your deal over something stupid. They will make it right before they sell it to a consumer, or they may just take it straight to the auction and not bother to fix it.
It is not a matter of opinion, but with none of us being actual laywers, our “thoughts” probably don’t matter either. From the second he trades that car in, he could say it worked fine for him. The only evidence is this thread, and I don’t think a thread on a public forum is good in the court rooms. Until someone shows me a specific case where this happened against the person who turned in the car, I would not be worried if I was Christian
i will tell you again. it is NOT a matter of opinion.
im not trying to split hairs here, but the original question was one of liability. two components to the question - is what he wanted to do legal, and if it was not, could his breach be proven/enforced.
its not a matter of opinion - intentional misrepresentation of a product in a contractual arrangement would constitute breach of contract according to the UCC. you can try and debate that, but it is a fact. i do have a basis for what im saying.
could anyone ever prove that he had intent to deceive? it would be difficult. however, what would be more difficult is for an individual (newman) to pay lawyers fees to try and take legal action against a larger entity (dealer) when they call him up if/when they realize he misrepresented the car to them an voided the deal.
not to mention that this would be a shitty/shady/gay thing to do.
moot point, he already took care of it.
:banghead:
i like how everyone on here is like “i would fix it correctly cause i am an upstanding citizen” when half or more of you guys would just jerryrig it and turn it in.
if you want to know what i would do, it certainly wouldn’t include buying a car new, owning it for a very short period of time, taking a huge depreciation hit on it, mod it moderately, and then trade it in for a pretty big loss.