My First BMW 2002 X5 4.4!!! Got Screwed!!!

[joeboch348]

what does "as is" mean anyways? lets look at it from Slick Willy Clinton's viewpoint.
as is, as, is, is as. as it is, hmmmmm

"i did not sell this vehicle to that woman........as is"

[Zulu95]

I once bought a piece of junk from a CT dealer. I reported them to the CT DOT. There were all sorts of legal problems that the DOT found and just when I thought things would be resolved the DOT stopped talking to me. The $tealership involved never got cited, and, I suspect, the DOT official involved got a new car. If you believe government will enforce their laws when there is a buck to be made for those involved in the enforcement then I got this great bridge for sale in NYC!

[joeboch348]

zulu, was that you?? sorry bout that lol ya i had to give the dmv guy some new mats for his car lol
trust me when the dmv came calling everyone got nervous. if you get a guy with a bug up his arse, he can make the dealer's life miserable. ya some guys are connected to the dmv too (usually the big guys).

[JCL]

Originally Posted by joeboch348

here's more free legal advice from an ex used car dealer lol

I'm in CT so I know the CT law. Check your state.

That isn't helpful, since the OP isn't in Connecticut. He is in Utah according to his post. Best thing to do would be to check the Utah laws regarding the sale of used cars. Like in this post:

Originally Posted by jcl

Out of interest, I looked up the Utah DMV, and read about car dealers. They have a standard form for bill of sale that they suggest car dealers use. The DMV suggested form has the clause "accepted as delivered" as the default warranty, and note that it is the buyer's responsibility to understand what they are signing. They make a point of saying that if anyone rolled back an odometer, or failed to register title in 15 days, or sold a new lemon or salvage vehicle without so indicating it was salvage, then call them, Otherwise, buyer beware. It seems a clear case of a dealer knowing they had a high mileage used BMW, not wanting to do anything with it, and wholesaling it off, clearly marked "As Is". I don't understand all the comments throughout this thread suggesting the dealer is somehow liable. Sure, the sale rep sounds optimistic about this mythical $300 sensor, but if the sale document makes note of there being no verbal warranties, then it doesn't matter at all.

As Is is a very simple concept. There vehicle is accepted as it is presented. There are no warranties, either implied or explicit. Buyer beware. First question to ask yourself is, why is the dealer selling a car As Is? Because they know there are issues, or are likely to be issues, and they want no part of it. The main thing to check on an As Is sale is that the price is low enough for the purchaser to accept all the risk.

[Dannyell]

When you buy a vehicle 'as is' expect the worst and hope for the best. I am sorry about your situation, but unfortunately this is the nature of the business. It was your mistake for being naive, and if I were you I would still have something to say to that sales person.

@Zulu The government can't get much involved because most people don't want them too...you know the whole 'control' thing...it can't just be a part time thing .

[sunny5280]

Originally Posted by joeboch348

here's more free legal advice from an ex used car dealer lol

im in CT so i know the CT law. check your state.

Under Connecticut law pertaining to the sale of used vehicles, a used vehicle dealer must provide a warranty cover all and any necessary repairs for cars less than seven years old purchased for $3,000 or more.

Under this law, cars purchased for $3,000 to $5,000 must be covered by a warranty over the first 30 days or 1,500 miles of ownership--whichever comes first.

Used cars purchased for $5,000 or more are automatically covered for 60 days or 3,000 miles--whichever comes first--under the law.

there is also the DMV. they can request any repairs the dealer has had done to the vehicle, if they had the tranny checked and didnt repair it, that would throw up a red flag. and there is small claims court as a last resort. get a judgement against them.

we havent heard from the owner in a while, what is going on with the car?

Well...sort of. It appears a dealer can sell a vehicle without a warranty as long as the Buyers Guide sticker states it's being sold "as is":

This used car warranty law does not apply to cars sold by individuals or to cars purchased for under $3,000. Under the Federal Trade Commission used car regulations, all dealers must place a "Buyers Guide" sticker on a used car. If a vehicle is sold without a warranty, this sticker must state that the vehicle is to be sold "as is."

State Laws of Connecticut on Used Cars | eHow.com

It appears this is the exact law:

Connecticut Lemon Law Statute: Used Automobile Warranties

See Sec. 42-224. "As is" sales. Disclaimer.

[JCL]

Interesting. So in Connecticut, this vehicle could have been sold As Is as well, whatever the price was. All it needed was a prominent disclaimer, and the bill of sale with that disclaimer to be signed by both parties.

From the link above, emphasis added by me:

Sec. 42-224. "As is" sales. Disclaimer.
(a) A used motor vehicle may be sold "as is" by a dealer only if its cash purchase price is less than three thousand dollars or if such used motor vehicle is seven years of age or older, which age shall be calculated from the first day in January of the designated model year of such vehicle.

[sunny5280]

Originally Posted by JCL

Interesting. So in Connecticut, this vehicle could have been sold As Is as well, whatever the price was. All it needed was a prominent disclaimer, and the bill of sale with that disclaimer to be signed by both parties.

From the link above, emphasis added by me:

Sec. 42-224. "As is" sales. Disclaimer.
(a) A used motor vehicle may be sold "as is" by a dealer only if its cash purchase price is less than three thousand dollars or if such used motor vehicle is seven years of age or older, which age shall be calculated from the first day in January of the designated model year of such vehicle.

I'm reading section 42-224(b) to permit "as-is" sale of a motor vehicle with a value over $3,000 or younger than seven years. Though I could see this being conditioned upon 42-224(a). I find it difficult to believe a state would not permit an "as-is" sale of a seven year or younger, selling price of over $3,000 vehicle by a dealer.

[CT_X5_Joe]

jhigbee - sorry to hear this happened. I would first call a lawyer, and explain what happened. Most lawyers will listed and advise on your legal rights.

Assuming you have none, I would get a price for the repair, and contact the dealer (GM as the salesman cant do anything) and request they fix it. If they dont (which they wont) you need to figure out what you can get them to pay for. Most of the time they will pick up something to save face, and avoid a law suit. You might be able to talk them into doing the labor to replace the tranny if you provide the part. This costs them at most a few hundred in labor to the tech, and allows them to save face.

Good luck

[sunny5280]

Originally Posted by CT_X5_Joe

jhigbee - sorry to hear this happened. I would first call a lawyer, and explain what happened. Most lawyers will listed and advise on your legal rights.

Assuming you have none, I would get a price for the repair, and contact the dealer (GM as the salesman cant do anything) and request they fix it. If they dont (which they wont) you need to figure out what you can get them to pay for. Most of the time they will pick up something to save face, and avoid a law suit. You might be able to talk them into doing the labor to replace the tranny if you provide the part. This costs them at most a few hundred in labor to the tech, and allows them to save face.

Good luck

Why do so many believe this is something the dealer should be paying for? If you sold this vehicle "as-is" and without knowledge there was a problem would you feel you were responsible to cover any part of the repair?