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Never buy a used car in Ala-****ing-bama

S

SamGuss

Active Member
Joined
Jul 9, 2002
Messages
1,907
After years of paying off old debt, last month was a very big month for me. For starters of course I got my promotion and my own store. Above that even though was the fact that I was finally back on "even" allbeit, beginning credit terms.

I was able to secure 100% financing for a what I thought was a good, used car. A loan company funded my car sale and though the interest is high, got pretty low payments for a 3-year loan. Hey, this is/was BIG for me.

So 29 days later, just over 500 miles on the car and *poof*, engine gets blown. No warning, no trouble before-hand, no driving recklessly or otherwise over riding the engine. Just *poof*, engine is gone.

In naivity I call back the car salesman and explain what happened and suprised, he says he can help me out. Two weeks later, he still hasn't lifted a finger, so I decide that perhaps I should stop being Mr. Nice Guy and get a lawyer. After all here I am trying to re-build my credit, making my first payment, still have 35 more to go, and in the meantime I now spending a lot of money in order to get Melly and I back and forth to work, AND the place where my car is has begin charging me a storage fee.

Guess what? Alabama Lemon Law makes it where you can not, I repeat can not go after a dealership for selling you a POS car.

So, now I am out more f#&(ing money, back in MoFo debt with nothing to show for it and no legal recourse.

Yes, I am pissed and why I will NEVER buy another used car from a dealership in Ala-****ing-bama and going to be passing along the word why everyone else shouldn't either - you get bent over thats why.

Sam *literally screaming in frustration and cranking up Limp Biscuit's "Give me Something to Break"*
 
ricmac25 said:
What happens if you refuse to pay for the car?

Will they repossess?
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Actually I have no intention of not paying - it is too important for my credit to do that, so I will pay my monthly debt on it. I need to so that I can build my credit up. I will even eventually get it fixed more than likely - I am just back at square one that I was in a couple months ago. No car, no major savings to afford one. So I will scrimp and save and either A) fix this one or B) buy another one - only this time not from a dealer.

Sam
 
First one to complain, Leaves with a blood stain.


I understand all to well.


Sorry for the troubles brother, keep moving forward.
 
How much do they want to fix the car? Maybe you could work out a deal with the dealer you bought it from to fix it (assuming they do repairs..?). Also, was their no warranty?
 
What kind of car?

Who's holding the "note" on the financing for the car? The dealership or a finance company?

Either way, I would not make the payments. "Credit ratings" are overrated IMO. I have no credit :0 but who needs it anyway :D
 
coventrycat86 said:
I got a couple extra Jags lying around, you want one of those :D
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I wish I could afford one :p

As for questions from above:

1) Loan company holds the note.
2) Car dealer isn't doing squat.
3) Used car, therefor "as-is" warranty.
4) Pontiac Grand Am Sport SE, 1997

Sam
 
That really sucks Sam! Sorry to hear that.

If I was to buy a used car, I'd only buy it from CarMax (carmax.com). Do you have Car Max? They stand behind their cars. You even get a new car warranty.

Rod
 
2.4L four cylinder or a V6?
How many miles on the car?
Is this a two door or a four door?
And what happened to the engine? Did it overheat and blow a head gasket or did it spin a bearing (loud, horrible knocking noise).

Those little "G" body GM cars (Buick Skylark, Pontiac Grand Am, Chevy Cavalier & Olds Intrigue/Cutlass Calais) are usually pretty good cars. The 2.4l four cylinder is almost indestructible BUT the 3.1 V6's have a history of blowing head gaskets.
 
The following is not legal advice; the author is not a practicing attorney nor a member of the BAR in any state.

I think you need to call another lawyer AND do some additional research. From what I can see, you still have several different angles from which to attack this problem.

Sounds like your first lawyer gave you a technically correct answer (about having little to no recourse against a dealer under the lemon law. Lemon laws in most states seem to provide for an action against manufactures not dealers). But that is not the end of it.

If you want to take action against the dealer, a good place to start with might be the UCC

UCC § 2-315. Implied Warranty: Fitness for Particular Purpose.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section [§ 2-316. Exclusion or Modification of Warranties] an implied warranty that the goods shall be fit for such purpose.

I bet a solid argument can be made that, “a car which survived a mere 29 days before suffering the effects of a major defect, was not fit for its intended purpose”. The fact that you did not even get a full calendar month out of your car would seemingly trump any “as-is” clause contained in the purchase agreement.

If you want to take action against the manufacturer, visit alldata.com to check for TSB’s if you find any pertaining to your problem then you have proof that the manufacturer knew of this particular defect but nevertheless allowed you to assume the risk of suffering loss. Armed with this information you could probably initiate an action against the manufacturer. Or, sometimes, because the manufacturer wants to avoid costly litigation, they will have a “secret warranty” in place which will cover the repairs to your car. (Secret warranty simply means an internal policy of fixing certain recurrent problems on vehicles which have exceeded their original warranties). See lemonaidcars.com for practical down-to-earth advice on obtaining compensation under secret warranties.

The above is not legal advice; the author is not a practicing attorney nor a member of the BAR in any state.

Edit to correct "lemonaidcars.com" (typo had read: lemonaid.com)
 
Ah but he's in law school ;)

Excellent post lbrief and your disclaimer won't get ya in any trouble. :thumbs:

There ya go Sam, GO GET 'EM ;)
 
Carmax is owned by Shi**y Circuit City and is therefore evil. Look up the history of divx DVD (not the video codex divx) to see why. Never buy anything from that company and maybe we can turn their stores into parking lots for Best Buy.

Rod said:
That really sucks Sam! Sorry to hear that.

If I was to buy a used car, I'd only buy it from CarMax (carmax.com). Do you have Car Max? They stand behind their cars. You even get a new car warranty.

Rod
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Sorry to hear that sam. Good luck with getting it fixed or whatever course you decide to take!

Good advice lbrief!! :thumbs:
 
I could have sworn I posted a reply here......


Was it deleted? if so why?



Jim
 
coventrycat86 said:
Either way, I would not make the payments. "Credit ratings" are overrated IMO. I have no credit :0 but who needs it anyway :D
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I don't know if this was said in jest or not. I know there are smilies and everything but still can't tell.

This is the worst piece of dribble I have read in a long time. Your credit is extremely imortant. Especially for someone who isn't flush with cash.

Sorry to hear about your troubles. Hopefully something can be worked out with your car. Whatever you do though, make sure you pay for it. You'll be sorry if you don't.
 
coventrycat86 said:
2.4L four cylinder or a V6?
How many miles on the car?
Is this a two door or a four door?
And what happened to the engine? Did it overheat and blow a head gasket or did it spin a bearing (loud, horrible knocking noise).

Those little "G" body GM cars (Buick Skylark, Pontiac Grand Am, Chevy Cavalier & Olds Intrigue/Cutlass Calais) are usually pretty good cars. The 2.4l four cylinder is almost indestructible BUT the 3.1 V6's have a history of blowing head gaskets.
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2.4 4 cylinder and they told me the entire engine has to be replaced, not just a head gasket.

Sam
 
slowhand said:
coventrycat86 said:
Either way, I would not make the payments.  "Credit ratings" are overrated IMO.  I have no credit :0  but who needs it anyway :D
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I don't know if this was said in jest or not. I know there are smilies and everything but still can't tell.

This is the worst piece of dribble I have read in a long time. Your credit is extremely imortant. Especially for someone who isn't flush with cash.

Sorry to hear about your troubles. Hopefully something can be worked out with your car. Whatever you do though, make sure you pay for it. You'll be sorry if you don't.
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I believe it was in jest ;)

Also - IBrief - THANK YOU! I will look into that ;)

Sam
 
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