I bought a LEMON -please help me - Page 3 - Mercedes-Benz Forum

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post #21 of 28 (permalink) Old 09-14-2005, 01:58 PM
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RE: I bought a LEMON -please help me

Sorry to hear about your problem. Sorry in advance about the grammar and spelling, I just don’t have time to make it perfect.

First of all I want to say I am not a lawyer. But if you were able to cancel the check I would say you are in a stronger position to work thing out with the scum dealer.

I don't think it is a criminal matter to stop payment on the check. It is a contract dispute. And you are disputing that the dealer fraudulently mislead you on material fact on the condition matter of the car. Of course if it gets to court they will argue otherwise and they you sign some sort of “as is bill of sail� but until then it is contract dispute that have yet to be resolved. And stopping payment on the check because you did not get what you barging for is o.k. until a court says otherwise.

It is not a good idea to continue driving the car it will weakling your case. You have already written the dealer to ask them to pick up the car, which is a good thing. They of course will not because if they did that will like them saying that they accept return of the car. You could consider serving them notice (special procedure or legal procedure of informing them) that you will sell the car at the best price the market could get and inform them of the appraised value you got and the report.

The dealer, unlike a private seller, is obligated to disclose to you the known defects of the car. For course, they could say they don’t know. But if you asked them and they said that it was accident free you have something (but you have to prove it). Let see if you have something that could do that.

You said you found the car on the Internet. Was there anything about the condition of the car on the ad regarding accident free or anything that list defects or the lack of defect? Did you e-mail them about the condition or the car did they response saying that the car is accident free, do you still have they e-mail? If so this will help you a lot. If you have these thing they you got them.

In there anything in writing (anywhere in their ad, paperwork, or e-mails to you) that they did some sort of inspection was it specific. This not as good but they can help you depending on what they say the inspection was for. If they said that they did a complete inspection of the car to insure the product they sale is of the highest quality, the you have something. If they said they only inspected the breaks and the lights you maybe out of luck unless just looking at the light it is obvious that the car have been repaired.

Other long shots you can try. Call the BBB see if you could get the names of the other people who have filed a complain. Look up the county court records to see if they have any other pending law suits. See if you could get the name of the previous owner of the car. Contact him or her. If he said they he sold the car to the dealer with the front-end bash in they you have got them. If he said they he reported his accident to the insurance carrier and it is not on Carfax then you might get Carfax..

My guess is that if you do this right you should get some sour of middle ground with the dealer, i.e. if you think the car is devalue 4,000 because of the accident, you should be able to get 2,000 back. Depending on your case.

Let us know how it is going.

Lastly, it is a personal decision how much effort a person is will to do to fight something. In your case because you able to stop payment on you check they more you able to fight this and the better you are at it the better you will be able to do.

All this is just my opinion.

blau

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post #22 of 28 (permalink) Old 09-16-2005, 03:07 PM
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RE: I bought a LEMON -please help me

I would for sure stop driving the car right now and take it right back to where you got it for. If they refuse to refund your cash I'd seek legal help since it seems form you r details that you are entitled to a refund.

However it is possible that the car might have had a frontal hit and has been repaired (albeit badly) but that still does not explain why it did not show up on the carfax report.

Whatever avenue you chose to take make sure you don't drive it (racking up the miles is the last thing you wan to do). rent a beater if you must, but for sure do somethign about it before you find out that you had a 1 week window in which you were allowed to bring up any complaints etc...

Good luck, and fill us in as to what happened.
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post #23 of 28 (permalink) Old 09-21-2005, 08:17 AM
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RE: I bought a LEMON -please help me

CARFAUX is a nearly worthless scam. Has anyone read their disclaimer? CARFAUX relies on other sources for the data that they report. Unless the vehicle was totaled by an insurance company (accident, flood, fire) which you can determine by looking at the title, don't assume that CARFAUX will have a report of ANY DAMAGE IN ANY CASE. Sometimes people can "wash" car titles to make it more difficult to see if the vehicle was ever salvaged or not. I guess that CARFAUX may help in these cases. Lemon buybacks (pretty rare) have to be reported by the manufacturer and will reliably show up.

If I had thought of the CARFAUX scam, I wouldn't have to work anymore, I'd just sit back and count my money. I always assume that the general public is more savvy than they actually are. I guess that's why I'm not a good businessman.

Always get a car inspected before buying if you aren't competent to do it yourself so you don't get ripped off.
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post #24 of 28 (permalink) Old 09-21-2005, 11:46 AM
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RE: I bought a LEMON -please help me

Quote:
drdj - 9/21/2005 8:17 AM

CARFAUX is a nearly worthless scam. Has anyone read their disclaimer? CARFAUX relies on other sources for the data that they report. Unless the vehicle was totaled by an insurance company (accident, flood, fire) which you can determine by looking at the title, don't assume that CARFAUX will have a report of ANY DAMAGE IN ANY CASE. Sometimes people can "wash" car titles to make it more difficult to see if the vehicle was ever salvaged or not. I guess that CARFAUX may help in these cases. Lemon buybacks (pretty rare) have to be reported by the manufacturer and will reliably show up.

If I had thought of the CARFAUX scam, I wouldn't have to work anymore, I'd just sit back and count my money. I always assume that the general public is more savvy than they actually are. I guess that's why I'm not a good businessman.

Always get a car inspected before buying if you aren't competent to do it yourself so you don't get ripped off.
I have come to the same conclusion; in the past 2 years my wife's car has had a showdown with a deer (deer lost; still $9800 damage to the car) and some idiot that backed into it while parked in front of a friend's home ($1100 that time). Both times repaired and paid for by insurance (once mine, once other driver's) and in the deer case, the stripped car was towed to the local dealer to get the damaged oilpan replaced. It's carfax report is clean as a whistle though.
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post #25 of 28 (permalink) Old 09-21-2005, 02:08 PM
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RE: I bought a LEMON -please help me

Here's a little thing you can do... Picket the car lot with a large sign, as long as you don't interfear with the busness it self... Do that on all your freetime. The press will get involved... Some guy did that here in Washington, he was there for 6 weeks after buying a USED LEMON RV... The sign stated " This place stole my dreams "... Once the press got involved they refunded his money in total...


Putting a stop pay on anything that you have agreed to is illegal... Your best bet is to get cought up and seek Legal advice... Tho sadly you may just be screwed... These people are right. Their is no lemon law in CA for used cars... If you have good credit it would be adviseable for you to continue to pay, the stop payment could have adverse effects on your FICA or BECON score.


Try the picket sign, the press just LOVES that kind of stuff... But it does take time...


GOOD LUCK!!!

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post #26 of 28 (permalink) Old 09-22-2005, 06:04 AM
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RE: I bought a LEMON -please help me

Quote:
drdj - 9/21/2005 10:17 AM

CARFAUX is a nearly worthless scam. Has anyone read their disclaimer? CARFAUX relies on other sources for the data that they report. Unless the vehicle was totaled by an insurance company (accident, flood, fire) which you can determine by looking at the title, don't assume that CARFAUX will have a report of ANY DAMAGE IN ANY CASE. Sometimes people can "wash" car titles to make it more difficult to see if the vehicle was ever salvaged or not. I guess that CARFAUX may help in these cases. Lemon buybacks (pretty rare) have to be reported by the manufacturer and will reliably show up.

If I had thought of the CARFAUX scam, I wouldn't have to work anymore, I'd just sit back and count my money. I always assume that the general public is more savvy than they actually are. I guess that's why I'm not a good businessman.

Always get a car inspected before buying if you aren't competent to do it yourself so you don't get ripped off.
I unknowingly bought a car in 1998 that had a "washed" title. It was a 1995 model, and had originally been purchased in Maryland. In mid-1998, it was totaled in a collision with a parked car and was issued a "salvage title". Just a few months later, it showed up in Virginia (where I bought it) with a clean title (not a "salvage" or "rebuilt" title).

I found all of this out by running a Carfax report a few years after I bought the car, since I didn't know about Carfax in 1998.

Had I known at the time, I never would have bought the car, but the funny thing is, seven years and 70,000 miles later (140,000 miles total on the car), it's been one of the best cars I've ever owned! No alignment problems, corrosion problems, paint problems, etcetera. It's never even had any mechanical or electrical problems - it's literally been a gas/oil/routine-maintenance-only daily driver.

I think Carfax is a useful service, as long as you know what its limitations are. I use it now to research the title/registration history on prospective purchases, which can be good for detecting odometer fraud and determining the number of previous owners. It can also give you a clue if the car sat undriven for a long time or if the odometer was broken/disconnected for a long time.

Knowing what I know now, I wouldn't necessarily walk away from a car with a salvage or buy-back title, but I would definitely do a more thorough pre-sale inspection, and use the fact as a bargaining chip when it comes to price.

Scott Gardner
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post #27 of 28 (permalink) Old 09-22-2005, 06:27 AM
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RE: I bought a LEMON -please help me

There are many ways that a car can be salvaged and have a clean title. I bought a repaired rollover 15 years ago with 380 miles on it. It had never been titled in Tennessee so I had a one owner title, even though every body panel on it had been repaired or replaced.

While I enjoyed driving the car, the problems I had with it has prevented me from ever wanting a vehicle that remotely looks like a major repair job.

As for the car you bought, this kind of damage repair is usually quite obvious to the trained eye. If you ever owned one, you will know exactly what to look for and you'll become an expert rather quickly.

No matter how good an auto body repair man is, he will leave imperfections behind that simply cannot be rectified because of the damage and can be noticed, if you look for it.

You may very well have opened up a situation that you may not easily get out of by stopping payment on a car you bought as is with over 100,000 miles on it. Your state may have an EML law (exceeds mechanical limitations). If so, there is absolutely no recourse for any car purchased that has over 100,000 miles on it and no laws regulating the buy or sale of such cars. I think you need the advise of an attorney that specializes in consumer complaints.
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post #28 of 28 (permalink) Old 09-22-2005, 10:37 AM
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RE: I bought a LEMON -please help me

Quote:
Riquiscott - 9/22/2005 8:04 AM


I unknowingly bought a car in 1998 that had a "washed" title. It was a 1995 model, and had originally been purchased in Maryland. In mid-1998, it was totaled in a collision with a parked car and was issued a "salvage title". Just a few months later, it showed up in Virginia (where I bought it) with a clean title (not a "salvage" or "rebuilt" title).

I found all of this out by running a Carfax report a few years after I bought the car, since I didn't know about Carfax in 1998.


Scott Gardner
Did you buy it from the original owner? If so, you may have legal recourse because there is a legal duty to disclose title issues. If it wasn't purchased from the original owner, then it would be difficult to prove who did or din't know about the car's North Carolina title. You could threaten suit and at least maybe get a few thousand by settling out of court. Once you involve a lawyer, most of what you would get would go to the attorney. It appears that your actual damages would be limited to an inflated the purchase price, since your car has worked perfectly despite the history. You would also lose value on the resale.
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