My sister bought a used car recently and it turns out she was ripped off. It’s a '98 Mercury Sable with about 130,000 miles. She paid $1,550 for it. When they test drove it, the gas tank was nearly empty and the guy showed them where to drive it (no hills).
When the title was signed, the notary asked why the car was being sold under book value. The seller said due to rust and a window needing fixed.
The day after she bought it, the grandfather of the seller called to say to be sure she checks the transmission fluid.
The day after signing the title over, my Mom drove the car home for my sister. She stopped for gas on the way and she could smell it afterward (it leaks when the tank is full). Then she drove up a hill and noticed the car wasn’t shifting right (it’s an auto).
Two mechanics looked at it and both said the tranny needs rebuilt. The second mechanic also said all the gears are bad and it needs a torque converter. He also said there is no way the seller didn’t know. One quoted $1,400 and one said $1,800.
My mom is helping out with this since my sister is almost 9 months pregnant and has a lot on her plate already. Today she sent the seller an email explaining what is going on and if they are willing to do anything about it. She doubts they will though considering the guy’s grandfather went on and on about how his mechanic went over the car and tuned it up and it will be a great reliable car for an expectant mother.
Does she have any options here?
I really doubt anyone who sells a 12 year old Mercury Sable with 130k will warranty it if the tranny dies. When I sold my Beretta (for $1200) the kid blew the tranny out on it and said it was something I did to the car before I sold it. I think right now her option is either take the plunge for a new tranny or try and sell the car off for what she can and get something a little more reliable.
Its called fraudulent misrepresentation. Go to the magistrate. If you like you can give him an opportunity to rectify it with a refund before the court date. Otherwise get some paperwork from your mechanics stating the conditions obvious symtoms and find out who his mechanic is. That should prove malicious intent and hand judgment to your sis.
(and just to be the first. Pics of sis?)
If it a dealer(sounds like it) & is under 10 days the are leiabal! iin the used car dealer world there is no AS IS (unless a salvage car)They still got to back it for 10 days!
Thanks. I’ll let her know. Did you miss the 9 months pregnant part? :hahano:
It’s not a dealer.
Being from a private party your sis is most likely SOL as they bought it after only driving it with a nearly empty tank on the flat. If it was from a dealer, totally different story.
On another note, $1550 is not really below book value, unless its an inflated book being used to look up the value.
SHE’s SOL
changing the tank on a 98 sable? no thanks. that’s pretty common honestly
in all seriousness it’s possible they didn’t know anything about those concerns. it happens all the time. we sell so many “bargin” cars that are piles of junk people traded in. it’s almost impossible to pick out everything that’s wrong with them.
and what happens when we can’t sell them because they need so much work it’s a loss??? it goes to the auction for someone else to buy the damn thing
Pennsylvania is an sold as-is state unless there was some sort of warrenty drawn up shes outta luck.
Well, the transmission gave out completely yesterday. My sister was sitting along side the road having contractions for three hours before the tow truck showed up.
On top of everything else it needs, all of the antifreeze somehow ended up on the road. So now it has a bad tranny, needs a gas tank, needs an exhaust, needs rust repaired, needs tires, needs a window fixed and whatever caused the antifreeze to go.
She is planning on taking Jay’s advice and going to the magistrate. Not sure which one to go to though since she lives in Belle Vernon (Fayette county), the seller lives in Greensburgh and they transferred the title in Allegheny county.
you would go to the magistrate where the seller lives… so i’d contact someone in greensburg. It’s going to be a mess though, it is a sold-as-is state… even if some level of misrepresentation may have taken place, the cost of the car vs. bluebook is going to kill you… especially if you already acknowledged the costs being well below that price at the time of purchase. Sucks. Almost better to take the 1500 loss and buy a non-american beater…
I have seen enough episodes of People’s Court to highly suspect you are shit out of luck. Buying from a private seller is a huge BUYER BEWARE situation. I don’t know the laws specific to PA involving car sales though.
Playing devil’s advocate and seeing this from the other side though - you had a chance to test drive it, you had a chance to get in looked over by a mechanic, and I didn’t read anything about a written or verbal warranty. Did you ask him any specific questions that he lied about or diverted an answer?
Sorry man, I feel bad for you guys but the chips are stacked against you on this one. Good luck with whatever recourse you decide to take.
You’re probably right Sonny. She is broke after buying this car though. She’s been sharing the car with her husband and they both work and have a baby on the way. They are fucked.
People’s court :bowrofl:
I wasn’t there so obviously I didn’t hear what was said, but from what I’m told he lied about several things. The guy selling it didn’t do much of the talking, his grandfather did most of it. I think the grandfather bought the car for the guy or something.
I guess the name change has thrown people off; I’m not a guy.
Yea go back to maggie and too the kitchen 
I got tired of people calling me Marge, considering that’s not my name. I don’t do the kitchen thing anymore, that’s on Dom :bowdown:
Ship your ass to the middle east. Make me food woman !
:finger:
1 question that solves the riddle to this . Before she bought the car did she take it to a mechanic to have it looked at? If not then she is SOL. Had this happen to a friend of mine. The judge said it was his responsability to have it looked at before purchasing and ruled in sellers favor.
100% agree Mike
Its like $50.00 to have professional look at the car before you buy it. Not to sound like a dick but people need to check there egos at the door and have someone who knows what they are looking at look at a car and quit being so cheap so you dont get stuck in these situations.
And this is your idea of not sounding like a dick? Douchebag.