Revdex.com,
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below. According to the consumer protection act, "State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties - unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case. "Also I was not provided with the Buyers Guide upon purchase, nor was it displayed in the window of the vehicle, the buyers guide was sent to me via mail after I had the vehicle inspected for insurance claim. . I have pre purchase pictures of the vehicle to support my case which can be seen at [redacted] with post date of August 22, two days before I purchased the vehicle, as can be seen in background another vehicle on the lot with a buyers guide in the windshield. The Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars. Demonstrators are new cars that have not been owned, leased, or used as rentals, but have been driven by dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn't have to post a Buyers Guide. And last, the federal Magnuson-Moss Warranty Act prohibits companies from disclaiming implied warranties during any period that its written warranty or any service contract is in effect, which states:
(a) Restrictions on disclaimers or modifications
No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.
(b) Limitation on duration
For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations
A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.
(Pub. L. 93–637, title I, §?108, Jan. 4, 1975, 88 Stat. 2189.)
(b) Warranties and warranty practices involved in sale of used motor vehicles
The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.
(Pub. L. 93–637, title I, §?109, Jan. 4, 1975, 88 Stat. 2189.)
Another reason I am rejecting the business' response is when I purchased the vehicle, they insisted that I title immediately, due to the fact the prior owner was a family member, and he wanted the money from the finance company asap. When I first contacted Affordable about minor body work Nikki C[redacted] responded "if you had a mechanical issue right away we could look into it. otherwise its a 10 year old vehicle and it had these issues for a long time probably. I can ask id the old owner has a hook but we installed the hood or do body work. its not that we don't want to help but we cant change the way an older vehicle is." Also upon discovery of prior damage I contacted Affordable about the frame damage. According to Nick C[redacted] "we have no way of checking into the vehicle history." which my boss [redacted] can attest to, as he over heard the conversation. He then referred me to contact the finance company and refused to respond to any of my phone calls or text messages.
I believe that it is the dealers responsibility to inspect vehicles before releasing them onto the lot. I did indeed drive the vehicle, and did visual inspection of the tires, which showed no unusual wear, which would indicate damage to the front end of the vehicle. Affordable told me that the prior owner was a "car guy" and the vehicle has low mileage, which also indicates that it was hardly drove. When I contacted the financial company, United Auto Credit, they started an investigation into the damages as well, which was also undisclosed to them, they were as surprised as myself upon discloser from Yates Body Shop. I worked with UAC sending both estimates to them, setting up for my mechanic to repair damages incurred from a deer. They then went through investigation ad told me that there was nothing they could really do about the prior damages now that I had made my first payment. I have a packet of copied estimates and other supporting documents coming via UPS.
1.[redacted]Regards,[redacted]
This letter is in response to customer ID Number [redacted] regarding [redacted] of [redacted]. Butte, MT 59701. Our customer purchased a vehicle from us on August 24, 2015. The vehicle was financed through United Auto Credit. During the sale, the customer never asked about the...
vehicles history report or asked if it had ever been involved in an accident prior to her purchase. A car fax was never pulled on the vehicle and the sales person had no knowledge of any prior damages to the vehicle. The vehicle was compliant for our lenders so there were never any red flags to indicate that the vehicle was ever damaged. We always do auto checks prior to purchasing vehicles for our lot but this particular vehicle was on consignment and an auto check never got pulled prior to the customer purchasing. The customer had test driven the car. Also, we will give every customer the opportunity to take it into a mechanic prior to any sale, at their own expense. We would have gladly provided the customer with an auto check on the vehicle if requested, but it was not. The customer signed an AS-IS- No Warranty agreement and clearly states that the customer will pay costs for any repairs and the dealer assumes no responsibility for any repairs regardless of oral statements about the vehicle. Please see enclosed signed document. What does it mean when a car is sold "as is"? It means that the transaction occurs for the car in whatever condition it is in at the moment of the sale. In other words, the buyer is legally accepting the responsibility for any and all repairs needed after the car is driven off the lot of the used car dealer. The buyer is accepting the car with all of its known and unknown problems. Unfortunately this customer did not do their research on the vehicle prior to purchase and did not ask for a report on the vehicle. As the dealer, we are not responsible for fixing damages to the vehicle if the purchaser signs an as-is warranty at the time of sale. Best Regards, Montana Affordable 4x4's
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]
Revdex.com,
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below. According to the consumer protection act, "State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties - unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties.The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case. "Also I was not provided with the Buyers Guide upon purchase, nor was it displayed in the window of the vehicle, the buyers guide was sent to me via mail after I had the vehicle inspected for insurance claim. . I have pre purchase pictures of the vehicle to support my case which can be seen at [redacted] with post date of August 22, two days before I purchased the vehicle, as can be seen in background another vehicle on the lot with a buyers guide in the windshield. The Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars. Demonstrators are new cars that have not been owned, leased, or used as rentals, but have been driven by dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells less than six cars a year doesn't have to post a Buyers Guide. And last, the federal Magnuson-Moss Warranty Act prohibits companies from disclaiming implied warranties during any period that its written warranty or any service contract is in effect, which states:
(a) Restrictions on disclaimers or modifications
No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.
(b) Limitation on duration
For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations
A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.
(Pub. L. 93–637, title I, §?108, Jan. 4, 1975, 88 Stat. 2189.)
(b) Warranties and warranty practices involved in sale of used motor vehicles
The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.
(Pub. L. 93–637, title I, §?109, Jan. 4, 1975, 88 Stat. 2189.)
Another reason I am rejecting the business' response is when I purchased the vehicle, they insisted that I title immediately, due to the fact the prior owner was a family member, and he wanted the money from the finance company asap. When I first contacted Affordable about minor body work Nikki C[redacted] responded "if you had a mechanical issue right away we could look into it. otherwise its a 10 year old vehicle and it had these issues for a long time probably. I can ask id the old owner has a hook but we installed the hood or do body work. its not that we don't want to help but we cant change the way an older vehicle is." Also upon discovery of prior damage I contacted Affordable about the frame damage. According to Nick C[redacted] "we have no way of checking into the vehicle history." which my boss [redacted] can attest to, as he over heard the conversation. He then referred me to contact the finance company and refused to respond to any of my phone calls or text messages.
I believe that it is the dealers responsibility to inspect vehicles before releasing them onto the lot. I did indeed drive the vehicle, and did visual inspection of the tires, which showed no unusual wear, which would indicate damage to the front end of the vehicle. Affordable told me that the prior owner was a "car guy" and the vehicle has low mileage, which also indicates that it was hardly drove. When I contacted the financial company, United Auto Credit, they started an investigation into the damages as well, which was also undisclosed to them, they were as surprised as myself upon discloser from Yates Body Shop. I worked with UAC sending both estimates to them, setting up for my mechanic to repair damages incurred from a deer. They then went through investigation ad told me that there was nothing they could really do about the prior damages now that I had made my first payment. I have a packet of copied estimates and other supporting documents coming via UPS.
1.[redacted]Regards,[redacted]
This letter is in response to customer ID Number [redacted] regarding [redacted] of [redacted]. Butte, MT 59701. Our customer purchased a vehicle from us on August 24, 2015. The vehicle was financed through United Auto Credit. During the sale, the customer never asked about the...
vehicles history report or asked if it had ever been involved in an accident prior to her purchase. A car fax was never pulled on the vehicle and the sales person had no knowledge of any prior damages to the vehicle. The vehicle was compliant for our lenders so there were never any red flags to indicate that the vehicle was ever damaged. We always do auto checks prior to purchasing vehicles for our lot but this particular vehicle was on consignment and an auto check never got pulled prior to the customer purchasing. The customer had test driven the car. Also, we will give every customer the opportunity to take it into a mechanic prior to any sale, at their own expense. We would have gladly provided the customer with an auto check on the vehicle if requested, but it was not. The customer signed an AS-IS- No Warranty agreement and clearly states that the customer will pay costs for any repairs and the dealer assumes no responsibility for any repairs regardless of oral statements about the vehicle. Please see enclosed signed document. What does it mean when a car is sold "as is"? It means that the transaction occurs for the car in whatever condition it is in at the moment of the sale. In other words, the buyer is legally accepting the responsibility for any and all repairs needed after the car is driven off the lot of the used car dealer. The buyer is accepting the car with all of its known and unknown problems. Unfortunately this customer did not do their research on the vehicle prior to purchase and did not ask for a report on the vehicle. As the dealer, we are not responsible for fixing damages to the vehicle if the purchaser signs an as-is warranty at the time of sale. Best Regards, Montana Affordable 4x4's
[redacted]SUPPORTING DOCUMENTS REDACTED BY Revdex.com[redacted]