Quote:
Originally Posted by TowX
I respectfully disagree. If in fact the salesman represented the sensor as the cause of the problem, then there's a possibility that the dealer could be legally liable if that was an outright lie. I'm not an attorney nor do I play one on TV, but at one point in my career I spent a decade supporting the automobile business from the financial/ banking side. I'd seen numerous times where a simple letter or call from an attorney has opened doors. Used car dealers not so much so, but franchised new car dealers tend to be far more receptive to resolving issues. And if the salesman stated that the $300 part was all that was needed and that was a lie, he's an agent for the dealership and as such could void the as-is clause. The operative world in "could".
Again, without knowing the legal requirements in the OP's state, it's hard to say. But to not pursue legal counsel would be foolish. He could spend $200-300 for an attorney to listen to his case and perhaps make a call to the dealership. Better than eating a $5000 trans.
Just my two cents for whatever that's worth these days after taxes.
|
Here's how I see it:
- He bought the vehicle "as is". According to the OP he signed a document to this effect.
- During the entire buying process the SEL was illuminated. A clear sign there was a problem with the vehicle.
- Due to the high mileage the dealer did not perform an inspection of the vehicle and would not certify it. This was communicated to the buyer.
- Every car purchase I've made, and I've made five of them in the past two years, has included a specific statement in the paperwork with something to the effect that no oral respresentations or promises had been made and that everything must be in writing.
As for the salesman being an agent of the dealer (which is true) that's easily addressed by:
- He's a salesman and not a mechanic and therefore lacks the knowledge necessary to determine what the problem is.
- What he actually said. It's likely he said something to the effect of "It could be a $300 sensor" or "I've seen this before and it turned out to be a $300 sensor". Unless he said "It is a $300 sensor" and you can prove as much you're unlikely to make any headway with this argument.
- If he did say the SEL was illuminated because of a faulty sensor that statment appears to be correct. According to your post the stored code is an Output Speed Sensor. The salesman could merely have been communicating the diagnosis of the computer.
IMO involving an attorney would be a waste of money. Still, if he's willing to accept that loss, I see no downside to doing so
after he has tried to work out something with the dealer directly.