Dealer sold me unsafe car

[mavda]

What is the name of your state (only U.S. law)? New Jersey. I recently purchased a used car from a major dealership in NJ. It was a 2008 and had 28,000 miles. A few weeks later someone backed into the front of my car while parked in a parking lot. I took the car to the body shop and when they took off the bumper there was no reinforcement bar and brackets. They were removed. My question is, is the dealer responsible for this.

 

[swalsh411]

What did the dealer say when you contacted them? You still should be covered by the manufacturer's warranty. There is no way a dealership is going to remove the bumper of every used car they sell to look for this.

If you believe you have hit the lawsuit jackpot you are mistaken. To make you whole the car needs to be repaired.

 

[mavda]

I am not trying to start any lawsuit let alone a jackpot. The car I purchased is not the same manufacture as the dealership. Car is covered by warranty but it appears that this safety feature has been removed from the car not broken off. Dealer is trying to say they are not respoonsible to correct the problem but I am not sure that a car without the reinforcement bar is even street legal. This car was not cheap either $30,000. All I want is for this vehicle to be safe to drive if I have an accident. Any help would be appreciated.

 

[sandyclaus]

I am not trying to start any lawsuit let alone a jackpot. The car I purchased is not the same manufacture as the dealership. Car is covered by warranty but it appears that this safety feature has been removed from the car not broken off. Dealer is trying to say they are not respoonsible to correct the problem but I am not sure that a car without the reinforcement bar is even street legal. This car was not cheap either $30,000. All I want is for this vehicle to be safe to drive if I have an accident. Any help would be appreciated.

I will repeat what has been stated in many of the threads in this section for you.

Practically ALL used car sales, either by dealers or private parties, are sold on an AS-IS basis, unless the seller offers you a WRITTEN warranty or guarantee of fitness. Unless your state specifically requires certain safety aspects to be in place before a sales transaction can be validated and the vehicle can be registered by the purchaser, the buyer remains responsible for verifying the condition of the vehicle prior to completing the purchase. This is usually accomplished by hiring an independent private mechanic to do a complete inspection of the vehicle to determine it's physical and mechanical condition. Failing to do this means you take the vehicle AS-IS, with every flaw you might find after the sale is completed, with no recourse against the seller.

In addition, I would find it very difficult to believe that a dealership would go so far as to remove a car bumper and remove any reinforcement bar or brackets, nor would they necessarily inspect a vehicle to ensure these are present. It sounds to me like the party that sold the vehicle to the dealership may have gotten into an accident and these damaged parts were removed and never replaced. The dealership may not even have known about it, and unless you can prove that they did, it's highly unlikely you can hold them liable for their replacement.

 

[mavda]

The car was not sold as is. It had a limited warranty. I am trying to research if a car comes with a standard safety feature and that feature is not there, wouldn't that be a breach of contract. And if the car is not street legal because of this removal wouldn't that also be a breach of contract. Thanks for all your info so far.

 

[dmcc10880]

The car was not sold as is. It had a limited warranty. I am trying to research if a car comes with a standard safety feature and that feature is not there, wouldn't that be a breach of contract. And if the car is not street legal because of this removal wouldn't that also be a breach of contract. Thanks for all your info so far.

28,000 miles? What is the factory warranty? Factory warranties transfer.

Have you spoken with the dealer? If not, start there.

 

[mavda]

The car is still covered by warranty from the car manufacture, but the bumper reinforcement bar and brackets have been removed, it is not defective so manufacture probably wont replace it either, I am waiting to hear back from supervisor on Monday. Thanks again

 

[dmcc10880]

The car is still covered by warranty from the car manufacture, but the bumper reinforcement bar and brackets have been removed, it is not defective so manufacture probably wont replace it either, I am waiting to hear back from supervisor on Monday. Thanks again

But the bar and brackets are original equipment. Someone removed them, you want to make the car whole and I'm sure the manufacturer wants to as well.

I can't imagine why anyone would remove those pieces. Do you know if the car was in an accident previously? Perhaps the car never had those pieces?

If I were you, I would not wait to hear back from a supervisor. I would drive down to the store and explain to and show them. Let them see for themselves.

Seriously, I think this will all work out for you if calm, sound minds work through the situation in a business like manner. Good luck and let us know the outcome.

 

[mavda]

Thanks for help and I will keep you posted

 

[sandyclaus]

The car was not sold as is. It had a limited warranty. I am trying to research if a car comes with a standard safety feature and that feature is not there, wouldn't that be a breach of contract. And if the car is not street legal because of this removal wouldn't that also be a breach of contract. Thanks for all your info so far.

28,000 miles? What is the factory warranty? Factory warranties transfer.

Have you spoken with the dealer? If not, start there.

The car is still covered by warranty from the car manufacture, but the bumper reinforcement bar and brackets have been removed, it is not defective so manufacture probably wont replace it either, I am waiting to hear back from supervisor on Monday. Thanks again

All lovely sentiments. But read this again:

It sounds to me like the party that sold the vehicle to the dealership may have gotten into an accident and these damaged parts were removed and never replaced. The dealership may not even have known about it, and unless you can prove that they did, it's highly unlikely you can hold them liable for their replacement.

Unless you can prove that the vehicle never had these parts installed in the first place, then no manufacturer warranty, or dealer limited warranty, is going to cover this situation. If someone got into an accident, and the parts were removed and never replaced as a result of repairs, it is NOT the manufacturer's fault NOR the dealer's fault.

I'm trying to tell you that the dealership has NO liability in this situation. Of course, you will find this out as soon as you speak with their supervisor on Monday.

Yes, the parts are needed for safety, and you are probably going to have to pay for them yourself since you are unlikely to prove that anyone else is liable for their replacement.

 

[mavda]

The contract states that if for any reason the cat fails a state inspection within 14 days of registration that the dealer is required to fix the problem or refund the car. It is within 14 days and this will cause the car to fail state inspection if I point it out.

 

[dmcc10880]

All lovely sentiments. But read this again:



Unless you can prove that the vehicle never had these parts installed in the first place, then no manufacturer warranty, or dealer limited warranty, is going to cover this situation. If someone got into an accident, and the parts were removed and never replaced as a result of repairs, it is NOT the manufacturer's fault NOR the dealer's fault.

I'm trying to tell you that the dealership has NO liability in this situation. Of course, you will find this out as soon as you speak with their supervisor on Monday.

Yes, the parts are needed for safety, and you are probably going to have to pay for them yourself since you are unlikely to prove that anyone else is liable for their replacement.

Yes, I am aware of used cars being sold as-is. However, Basic Factory Warranties stay with the vehicle and transfer automatically to subsequent owners without any fees or registration.

The lowest number of years and miles for all manufacturers in the US is a 3/36 for newer cars.

Hypothetically speaking, let's say the car was in a wreck, repaired incorrectly and traded in or purchased by the dealer at auction. The dealer has a duty (moral if not legal) to disclose that damage. Let's face it, if you've ever traded in a car, the dealer inspects the car upside down and inside out.

With the OP's limited 14 day bumper to bumper (no pun intended) warranty, he's well within his rights to either get it resolved or give it back.

 

[sandyclaus]

Yes, I am aware of used cars being sold as-is. However, Basic Factory Warranties stay with the vehicle and transfer automatically to subsequent owners without any fees or registration.

The lowest number of years and miles for all manufacturers in the US is a 3/36 for newer cars.

Hypothetically speaking, let's say the car was in a wreck, repaired incorrectly and traded in or purchased by the dealer at auction. The dealer has a duty (moral if not legal) to disclose that damage. Let's face it, if you've ever traded in a car, the dealer inspects the car upside down and inside out.

With the OP's limited 14 day bumper to bumper (no pun intended) warranty, he's well within his rights to either get it resolved or give it back.

Who's to say that the body shop that did the work on the vehicle for OP didn't remove those reinforcements and brackets? Or maybe even lied to say they weren't present just to get the extra money for those parts?

I'm sure that bumper-to-bumper warranty will cover anything that is within the control of the dealer. I'm still not convinced they could or would have known about the missing bumper reinforcements and brackets. I don't think that it is standard practice to remove bumper parts to inspect inside, or even take apart a car to inspect what COULD have been done to it. I'll bet that if you read over that warranty it probably even addresses certain exclusions and that this would probably fall under one of them.

And while I don't doubt that the car wouldn't pass inspection now, there is still no clear cut liability on the part of the dealership as to their role in this situation.

I'd appreciate it if one of the senior members here might chime in on the legal aspects of this post?

 

[mavda]

Body shop definitly did not take the parts. I know the guy well. He does not know why safety brackets were removed. Insurance company inspector said that he has seen it removed once before when someone installed what I beleive he said was an aftermarket intercoolant pump. I may have the exact term incorrect. In the end if the car can't pass inspection I still t
hink the dealer is responsible for part because that's what contract says.

 

[dmcc10880]

Who's to say that the body shop that did the work on the vehicle for OP didn't remove those reinforcements and brackets? Or maybe even lied to say they weren't present just to get the extra money for those parts?

I'm sure that bumper-to-bumper warranty will cover anything that is within the control of the dealer. I'm still not convinced they could or would have known about the missing bumper reinforcements and brackets. I don't think that it is standard practice to remove bumper parts to inspect inside, or even take apart a car to inspect what COULD have been done to it. I'll bet that if you read over that warranty it probably even addresses certain exclusions and that this would probably fall under one of them.

And while I don't doubt that the car wouldn't pass inspection now, there is still no clear cut liability on the part of the dealership as to their role in this situation.

I'd appreciate it if one of the senior members here might chime in on the legal aspects of this post?

Any reputable body shop would not do that and ruin their reputation with the insurance companies they work with.

It's not a matter of removing the bumper, the dealer will put the car up on the lift and inspect the car up and down, inside and out. This may have fell through the cracks.

The dealer should make the buyer whole or take the car back.