Last post on Feb 23, 2013 at 2:07 PM
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Car Buying, Car Financing, Car Leasing, Car Selling, Car Warranties
#29 of 35 Re: What would you do? Bought a "new" RX-8 & found out dealer replaced engine [fushigi]
Sep 05, 2012 (8:36 am)
Thanks for the thoughtful reply. I forgot to mention that the '04 & '05 RX-8s were acknowledged by Mazda as having engine defects for those model years. And I probably didn't word it the best, but I made a written request to Mazda corporate to buy back my vehicle after several failed engine repairs, leading up to their proposed "new" reman engine. When they told me that they would give me an actual new engine when I objected to the reman, they advised me that 2nd engines were not failing. Two problems here: it was actually a 3rd engine they were proposing to provide and not a 2nd (they lied about the amount of engines replaced in my car), and, 2nd, 3rd, etc. engines have been failing in these cars. Had I both known that it would have been the 3rd new engine, and that subsequent engines had been failing, I could have sought a better remedy at the time, i.e. seeking a buy back of my car. But for the fraudulent statements from Mazda I relied upon, I would not have agreed to a 3rd engine as the repair. And I sure as heck would not have paid the price I paid for my "new" car had I known it already had a failed engine on the dealer lot.
On a quick caselaw search, I found some cases supporting the notion that not disclosing this amount of repair work on a "new" car as being fraud. In one case in which BMW got hammered for a more inexpensive repaint, the dicta in the case stated: "BMW acknowledged that it followed a nationwide policy of not advising its dealers, and hence their customers, of predelivery damage to new cars when the cost of repair did not exceed 3 percent of the car's suggested retail price." And the trial court in that case held that it was still fraud not to reveal work done when it was below that 3% benchmark. My situation is more egregious in several ways: scope of the work was more than 3% of the car's price, engine failure is a lot more serious than paint damage, and the work was done after delivery of the vehicle (so both the dealer and Mazda corporate knew about it as Mazda reimbursed the dealer for making the repairs).
#30 of 35 Re: What would you do? Bought a "new" RX-8 & found out dealer replaced engine [rjdjd]
Sep 05, 2012 (2:58 pm)
IMHO, you are going to spend too much energy and get nothing back.
It sounds like the car is running fine now. Go buy a new car, trade this one in and move on.
#31 of 35 Re: What would you do? Bought a "new" RX-8 & found out dealer replaced engine [robr2]
Sep 06, 2012 (2:18 pm)
If this is the wrong place for this question, please direct me to the right place
I'm looking for a used car and saw this one:
Its actually a small dealer:
I've found 2-3 bad reviews (including 2 on BBB website which gave it an F rating). That sample size is small, however.
So I'm not sure if its dangerous to try to buy a car from here? I'm worried I'll have a mechanic check it out, they won't find much, but later on I'll find out the engine will be just be 'bad' or similar? Should I move on?
#32 of 35 Re: What would you do? Bought a "new" RX-8 & found out dealer replaced engine [thename1000]
by Kirstie@Edmunds HOST
Sep 07, 2012 (12:17 pm)
All used cars are kind of a crapshoot. If you really like the car - and it doesn't appear that it's a common vehicle - I'd definitely take it to a mechanic. It's a $3,000 car, so it won't be perfect in all likelihood, but at that point, you're talking about relying on the mechanic rather than the dealership. It's not likely that the dealership knows a lot about the car's mechanical condition, regardless of what they say.
Feb 21, 2013 (7:00 am)
I have a friend who got duped into buying a used car that is worth around 13K with a financing plan that will add up to 30K. Considering how ridiculous the loan is, what are her options? Is this a matter for the small claim court? Should she be contacting a lawyer right away? Should she tell the dealer to renegotiate the contract? I don't know how much money she already put into it, but assuming it's not a lot, should she just stop paying and have them take the car back? Any advice would be much appreciated! Thank you.
#34 of 35 Re: 13K car financed at 30K [kapitansparrow]
by Kirstie@Edmunds HOST
Feb 21, 2013 (5:15 pm)
Well, we would really need more details about the transaction to give you advice - specifically, how was she duped? I mean, if, in ignorance, she just overpaid for the car and signed a really bad finance contract, there's not a lot she can do, and no attorney will take the case as there's nothing to recover. Bad judgment does not have any legal recourse available. However, if there's more to the story, people here may be able to offer feedback.
#35 of 35 Re: 13K car financed at 30K [kapitansparrow]
Feb 23, 2013 (2:07 pm)
Yep. not enough info for any of us to venture a guess.
She is probably out of luck since the deal has been done.
There may be more to this story. She could have horrible credit and/or she may have traded in a car she was badly upside down in.