Is this fraud?

[gotrippedoff]

What is the name of your state (only U.S. law)? IN


I bought a 2007 supercharge mustang last Tuesday, the vechile has 17,000 miles on it and i was told by the salesman that the car was checked by the mechanics and the car was in good condition. I drove the car home, I noticed that it was difficult to shift, however I thought it was just the car. I also noticed a burning smell, but I thought that it was the supercharge. On Sunday the car broke down and the clutch went out.

I had it towed back to the dealership and they said it wasn't covered because I signed an as is. I paid 1600 for a new clutch. After doing research, and talking to other mechanics about whether or not you can tell if a clutch is going out, they informed me that there is a burning smell and that it is difficult to shift. I was told that this vechile was inspected and that there were no problems with it.

I bought the vechile at a reputable dealership and if they actually checked the car and drove it, they would have known that the clutch was going out. I believe that they new and did not disclose this to me. Is this considered fraud due to the clutch going out 5 days later after saying that the vechile was inspected? Do I have a small claims case?

 

[swalsh411]

Inspected by who? The dealer trying to sell it?

To my knowledge the only mustangs that came supercharged from the factory for that model year were the Shelbys. So either you don't know what you're talking about or you bought a very high performance, or modified, car without having it inspected by a mechanic. It also appears you didn't even do a test drive.

Regardless, the car was purchased as-is. You have no case.

 

[gotrippedoff]

It was inspected by the mechanics at the dealership and I did test drive the car and thought that it just shifted hard then later that night I noticed the smell. It's a supercharged gt. If they are mechanics then wouldn't they know if the the clutch was going out if they inspected it and drove it?? I am not a mechanic. I wouldn't know these things and took the word of a, what i thought, was a reputable dealership and their mechanics.

 

[swalsh411]

The car was sold as-is. You have no recourse unless there was a written warrenty. Next time have your own mechanic inspect the car.

 

[gotrippedoff]

there is a warranty but apparently the clutch is not covered in it.

 

[CSO286]

It was inspected by the mechanics at the dealership and I did test drive the car and thought that it just shifted hard then later that night I noticed the smell. It's a supercharged gt. If they are mechanics then wouldn't they know if the the clutch was going out if they inspected it and drove it?? I am not a mechanic. I wouldn't know these things and took the word of a, what i thought, was a reputable dealership and their mechanics.

Ok, so you trusted the word of mechanics who worked for the party who wanted to sell you something???? (Don't do that.) Always get a third party opinion, someone without a vested interest in the outcome.

Take the car to your mechanic, pay $25-$100, have them put it through its paces and then ask that mechanic if he'd allow his 16 year old daughter to drive it.

 

[sandyclaus]

It was inspected by the mechanics at the dealership and I did test drive the car and thought that it just shifted hard then later that night I noticed the smell. It's a supercharged gt. If they are mechanics then wouldn't they know if the the clutch was going out if they inspected it and drove it?? I am not a mechanic. I wouldn't know these things and took the word of a, what i thought, was a reputable dealership and their mechanics.

It's unfortunate, but this is one reason why used car dealers get a bad reputation. They OFTEN lie about the condition of a vehicle in order to reel in a buyer who won't know to question them. And unless they put their guarantees of fitness or promises IN WRITING, then you have no way to prove that they actually lied - unless you do your homework and VERIFY.

It is ALWAYS recommended that a prospective buyer, especially one who is not mechanically inclined such as yourself, should hire their own PRIVATE mechanic to verify the true condition of the vehicle they are wanting to purchase. The person you are paying is going to be more honest and straightforward about deficiencies and problems than the dealer who is trying to put one over on you.

Yes, I'm sure that the dealer lied about having had a mechanic verify the condition of the transmission. However, without something in writing saying that, you have no proof that any fraud occurred. And since your vehicle was sold to you AS-IS with a limited warranty that did NOT cover the transmission issues, you are stuck with a vehicle that you will end up paying much more for than you expected.

This is sure to be a very hard lesson for you to learn, but hopefully, you will learn from this mistake and take more precautions in the future.

 

[davidmcbeth3]

You paid $1600 for a new clutch plate? Way off on that one, should be closer to 300-500.

Why take it to the dealer who just gave you the screws?

Call the owner, not manager, and see if you can get something back.

You can always threaten to sue in regular court --- did your contract say anything about passing an inspection?

You cannot miss when a clutch plate needs to be replaced. And you said it has only 17,000 miles on it? Clutches last many times that distance .. maybe they were wrong on the mileage too.

I always write down what they said and then attach it to the contract and add that it becomes part of the contract. My favorite thing to ask is "will I be satisfied, to my satisfaction ...etc." they'll always say YES and bingo, I just got a 100% my satisfaction guarranty .. sweet.


I think you got a car with more issues than just a clutch needing replacement. Never seen a clutch go out at 17K.

 

[sandyclaus]

You paid $1600 for a new clutch plate? Way off on that one, should be closer to 300-500.

Why take it to the dealer who just gave you the screws?

Call the owner, not manager, and see if you can get something back.

You can always threaten to sue in regular court --- did your contract say anything about passing an inspection?

You cannot miss when a clutch plate needs to be replaced. And you said it has only 17,000 miles on it? Clutches last many times that distance .. maybe they were wrong on the mileage too.

I always write down what they said and then attach it to the contract and add that it becomes part of the contract. My favorite thing to ask is "will I be satisfied, to my satisfaction ...etc." they'll always say YES and bingo, I just got a 100% my satisfaction guarranty .. sweet.


I think you got a car with more issues than just a clutch needing replacement. Never seen a clutch go out at 17K.

Yes, OP got taken BIG TIME. But don't give him hopes of being able to recover his losses when there really isn't much of a chance of that happening.

The dealer apparently knows the right way to respond, which was to say that it was an "AS-IS" sale. That shows they've been there, done that before, and were well prepared to have their buyer come back to complain about it. It does NOT, however, change the fact that because it was an AS-IS sale, the buyer didn't do anything to protect themselves, and has no recourse now that the damage has been done.

 

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