Unfair and Deceptive Acts and Practices?

[rollingsixxes]

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

My husband bought a '99 Honda Accord from the Southeast Auto Auction 'as is' here in Savannah a couple of weeks ago. The seller is a local car dealer 'Chatham Parkway Lexus'. The day after he bought it, he took it to a mechanic and had the car looked over. He said everything looked great except the transmission fluid was 'burnt' and that the previous owner must have driven the car hard. The mechanic flushed the transmission and refilled it at a cost of $150. After driving it a few days the car still had not stopped shifting hard from first gear into second. My husband took the car to two separate transmission specialist. Both places told him that the transmission needed to be replaced with a estimate of about $2300. I feel that the seller of the vehicle knew of the transmission related issue. (After doing some research this seems to be a common problem with this Make/Model year). I feel that it was the seller's duty to disclose such information before accepting payment. I know that used cars are not covered under the Lemon Law in the state of Georgia. But do you think we would have a case under the Unfair and Deceptive Acts and Practices Law?

Thanks for any help/advice.

 

[Zigner]

Nope - that's why people have 12 year old cars inspected by an independent mechanic PRIOR to purchasing the vehicle. Heck, the dealer was super-clear. This was an AS-IS sale.

Enjoy the car!

 

[swalsh411]

Not. Even. Close.

You bought a 12 year old car without having it inspected by a mechanic. And why in the world would you think an auction of all places would know about this? Do you think they perform a detailed comprehensive inspection on every old car they sell? The whole idea of an auction is that you can get a good deal if you know what to look for and car do the repairs yourself. Of course auction cars are going to have tons of problems because the nicer used cars generally don't end up there.

 

[sandyclaus]

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

My husband bought a '99 Honda Accord from the Southeast Auto Auction 'as is' here in Savannah a couple of weeks ago. The seller is a local car dealer 'Chatham Parkway Lexus'. The day after he bought it, he took it to a mechanic and had the car looked over. He said everything looked great except the transmission fluid was 'burnt' and that the previous owner must have driven the car hard. The mechanic flushed the transmission and refilled it at a cost of $150. After driving it a few days the car still had not stopped shifting hard from first gear into second. My husband took the car to two separate transmission specialist. Both places told him that the transmission needed to be replaced with a estimate of about $2300. I feel that the seller of the vehicle knew of the transmission related issue. (After doing some research this seems to be a common problem with this Make/Model year). I feel that it was the seller's duty to disclose such information before accepting payment. I know that used cars are not covered under the Lemon Law in the state of Georgia. But do you think we would have a case under the Unfair and Deceptive Acts and Practices Law?

Thanks for any help/advice.

What you FEEL is irrelevant. Did the seller represent to you that the transmission was in good working condition? IN WRITING? NO? Then the Unfair and Deceptive Acts and Practices Law does not apply here. You didn't know because you didn't ASK. And the seller didn't tell you because you didn't ASK.

What part of "AS-IS" are you not understanding? That doesn't mean "everything's cool until I find something wrong with the vehicle". You should have had the vehicle inspected by a private mechanic BEFORE you bought it. Because when you bought the vehicle, you got it "AS IS", with all it's bells and whistles... and PROBLEMS.

Enjoy the new car.

 

[rollingsixxes]

thanks for the answers. I figured it was a shot in the dark, but wanted to know anyways. Just wondering if some folks that answer are generally sarcastic and condescending?

 

[Zigner]

thanks for the answers. I figured it was a shot in the dark, but wanted to know anyways. Just wondering if some folks that answer are generally sarcastic and condescending?

Yes, they can be sometimes. Luckily for you, you received very straight-forward answers.

 

[racer72]

That is the exact reason the car was sold at auction and not by the dealer, they knew the transmission was shot. I have bought a number of cars at auction over the years and I expect to find issues with them.