Can you return as is purchase?

[tloonya]

Friend bought a used truck. Not the SUV...the real thing that you drive with CDL license.

Paid $30K for as he describing $50K worth truck. Drove for 2 weeks. Inquired one repair for $3600.
Another repair for $5K. Now after what should had been a few $$K repair - mechanics saying that it needs detailed by hands work to determine whats wrong and it can cost A LOT!

So this all made me think if someone sold something that expensive cheaper but basically in not usable condition - is there way to return it to a seller? I do not think so but what do I know, right?

Regardless of the title I have no idea if truck was listed 'as is'...I doubt it.

[Rocky Mtn Saver]

If purchased by private party, did he not have it checked out by a mechanic prior to purchasing?  If from a lot, did he purchase any kind of warranty or what about those 'certified used' deals they're offering now?

[NomoreDramaQ1015]

"As is" means you are agreeing to purchase it regardless of what kind of condition it is in or what might be wrong with it. That's why it's being sold "as is". You get what you get. You really take your chances purcahsing things "as is".

Sometimes they might work with you to return the item but all the seller has to do is produce documentation that shows you signed to purchase the item "as is" and you're screwed.

[The Walk of the Penguin Mich]

He paid $30K and didn't get it checked out by a mechanic before he bought it?

Repairing rigs are obscenely expensive. The guy who moved my furniture from KY to WA has his own rig and he was telling me how much it cost to keep it on the road. Just the overhaul of his engine was a 5 figure repair.

[tloonya]

Mar 26, 2014 12:38:35 GMT -5 NomoreDramaQ1015 said:

"As is" means you are agreeing to purchase it regardless of what kind of condition it is in or what might be wrong with it. That's why it's being sold "as is". You get what you get. You really take your chances purcahsing things "as is".

Sometimes they might work with you to return the item but all the seller has to do is produce documentation that shows you signed to purchase the item "as is" and you're screwed.

this is why I said let's pretend it was NOT as is.

[NomoreDramaQ1015]

If he drove it off the lot/seller's property then he agreed to purchase that truck no matter what it's condition. Even if it did not say "as is", leaving with it implies you understand what you got.

For $30k he should have had someone look at it before taking it.

There is very little recourse once you have signed off on the paperwork and driven off with the vehicle.

My DH got stuck with a $17k lemon truck this way.

[tloonya]

Mar 26, 2014 12:39:03 GMT -5 The Walk of the Penguin Mich said:

He paid $30K and didn't get it checked out by a mechanic before he bought it?

Repairing rigs are obscenely expensive. The guy who moved my furniture from KY to WA has his own rig and he was telling me how much it cost to keep it on the road. Just the overhaul of his engine was a 5 figure repair.

I will talk to him about it today.
I think he had checked it. However in a thing like this who can guarantee anything unless they check it so well that it will add $10K to the purchase price?

[Deleted]

this is why I said let's pretend it was NOT as is.

Have him read the fine print on the bill of sale. 

[tloonya]

Mar 26, 2014 12:43:13 GMT -5 NomoreDramaQ1015 said:

If he drove it off the lot/seller's property then he agreed to purchase that truck no matter what it's condition. Even if it did not say "as is", leaving with it implies you understand what you got.

For $30k he should have had someone look at it before taking it.

There is very little recourse once you have signed off on the paperwork and driven off with the vehicle.

My DH got stuck with a $17k lemon truck this way.

I think there is a 'lemon law' or something...

[tloonya]

Mar 26, 2014 12:43:55 GMT -5 @beerwench said:

this is why I said let's pretend it was NOT as is.

Have him read the fine print on the bill of sale. 

He said it says something about woman and a beer...strange...he can't read that is how small print is.

[Deleted]

Must be describing the mudflaps... 

[Rocky Mtn Saver]

Mar 26, 2014 12:43:29 GMT -5 tloonya said:

Mar 26, 2014 12:39:03 GMT -5 The Walk of the Penguin Mich said:

He paid $30K and didn't get it checked out by a mechanic before he bought it?

Repairing rigs are obscenely expensive. The guy who moved my furniture from KY to WA has his own rig and he was telling me how much it cost to keep it on the road. Just the overhaul of his engine was a 5 figure repair.

I will talk to him about it today.
I think he had checked it. However in a thing like this who can guarantee anything unless they check it so well that it will add $10K to the purchase price?

If the rig had such major problems that it's costing $8500  to repair within a month of buying it, a decent rig mechanic should have been able to locate them. 

But if he didn't want to spend the money for a good inspection then, he's certainly paying more now! 

[Rocky Mtn Saver]

Mar 26, 2014 12:44:33 GMT -5 tloonya said:

Mar 26, 2014 12:43:13 GMT -5 NomoreDramaQ1015 said:

If he drove it off the lot/seller's property then he agreed to purchase that truck no matter what it's condition. Even if it did not say "as is", leaving with it implies you understand what you got.

For $30k he should have had someone look at it before taking it.

There is very little recourse once you have signed off on the paperwork and driven off with the vehicle.

My DH got stuck with a $17k lemon truck this way.

I think there is a 'lemon law' or something...

That only covers purchases from dealers with a time limit of 30 days, I think.  Did he buy it private party or from a dealer? 

[NomoreDramaQ1015]

Lemon laws depend on your state Loony. Here's the link

www.dmv.org/automotive-law/lemon-law.php

Most lemon laws only apply to NEW vehicles. Your friend bought this truck used.

[tskeeter]

Mar 26, 2014 12:44:33 GMT -5 tloonya said:

Mar 26, 2014 12:43:13 GMT -5 NomoreDramaQ1015 said:

If he drove it off the lot/seller's property then he agreed to purchase that truck no matter what it's condition. Even if it did not say "as is", leaving with it implies you understand what you got.

For $30k he should have had someone look at it before taking it.

There is very little recourse once you have signed off on the paperwork and driven off with the vehicle.

My DH got stuck with a $17k lemon truck this way.

I think there is a 'lemon law' or something...

Lemon laws usually only apply to new vehicles.  And only to cases where the seller has provided a warranty.  Which pretty much excludes sales between private parties.  And to prove there is a warranty, the warranty must usually be in writing.  Because it's pretty hard to get someone to admit in court that they told you the truck was in perfect show room new condidtion and they would absolutely gaurantee that during the next million miles of driving, it would only require oil changes. 

[justme]

There should have been one of those crazy inflatable things waving red flags on a price that's only 60% of its supposed value.

[NomoreDramaQ1015]

Most lemon laws also have strict rules on what constitutes repairs big enough to warrant calling the car a lemon.

Your friend drove the truck for 2 weeks before bringing it in for repairs.  No way a lemon law will be honored, the truck WAS useable when it was driven off by the buyer.  There is no way for your friend now to prove it was a pre-existing issue.  He may have caused it over the 2 week period.

Your friend needs to learn that sometimes a deal is too good to be true.

[greeniis10]

Mar 26, 2014 12:46:06 GMT -5 tloonya said:

Mar 26, 2014 12:43:55 GMT -5 @beerwench said:

Have him read the fine print on the bill of sale. 

He said it says something about woman and a beer...strange...he can't read that is how small print is.

Definitely have him find a way to read the actual bill of sale, even if it requires a magnifying glass because if it really is THAT crazy or is totally non-sensical then he may have some sort of recourse after all.

[tloonya]

Mar 26, 2014 12:50:10 GMT -5 NomoreDramaQ1015 said:

Lemon laws depend on your state Loony. Here's the link

www.dmv.org/automotive-law/lemon-law.php

Most lemon laws only apply to NEW vehicles. Your friend bought this truck used.

I WAS TALKING ABOUT Drama'S post about her DH's $17K lemon car!!!!!!!!!!!! READ!!!

[Rocky Mtn Saver]

Don't make Loony break out the dots, people! 

[tloonya]

Mar 26, 2014 13:05:50 GMT -5 greeniis10 said:

Mar 26, 2014 12:46:06 GMT -5 tloonya said:

He said it says something about woman and a beer...strange...he can't read that is how small print is.

Definitely have him find a way to read the actual bill of sale, even if it requires a magnifying glass because if it really is THAT crazy or is totally non-sensical then he may have some sort of recourse after all.

We are kidding here, right? You can't be serious, can you?

[NomoreDramaQ1015]

DH got hosed too. He bought a used truck and the problems didn't show up till he'd already driven it for awhile. The dealer could argue that HE caused the problems since it worked when it left the lot.

Lemon laws in Iowa do not apply to used cars, with used cars you are agreeing to purchase them "as is". You're screwed once you've signed the paperwork and driven off in it.

I believe you are in Pittsburgh right? If you're friend is too he's hosed. Pennsylvania does not recognize lemon laws as applying to used vehicles. For $30k he should have had someone inspect it before signing anything.

It's an expensive lesson. When the truck got totaled I made DH take my dad (who is a mechanic) with him to purchase another vehicle so he didn't make the same mistake twice.

[Deleted]

Depends on who he was dealing with. Our company sold a truck "as is" to a guy who came back a few days later and told us he didn't realize the truck needed as much money put into it as it did. We took back the truck and gave the guy back his money.

[tloonya]

Mar 26, 2014 13:08:14 GMT -5 Rocky Mtn Saver said:

Don't make Loony break out the dots, people! 

No, seriously, Rock...her every post she is not on the subject.

[mmhmm]

Mar 26, 2014 13:06:52 GMT -5 tloonya said:

Mar 26, 2014 12:50:10 GMT -5 NomoreDramaQ1015 said:

Lemon laws depend on your state Loony. Here's the link

www.dmv.org/automotive-law/lemon-law.php

Most lemon laws only apply to NEW vehicles. Your friend bought this truck used.

I WAS TALKING ABOUT Drama'S post about her DH's $17K lemon car!!!!!!!!!!!! READ!!!

Tloonya, cool your damned jets!  There is no need to yell!  Someone offered you a site to learn about lemon laws.  Bench the 'tude!

mmhmm, Administrator

[greeniis10]

I don't know 100%, but I believe a contract of sale has to be "reasonable".  If the language it contained was gibberish or nonsense then maybe he has a chance to get out of it.  It's worth a try for that kind of money.

[Deleted]

Mar 26, 2014 12:43:13 GMT -5 NomoreDramaQ1015 said:

If he drove it off the lot/seller's property then he agreed to purchase that truck no matter what it's condition. Even if it did not say "as is", leaving with it implies you understand what you got.

For $30k he should have had someone look at it before taking it.

There is very little recourse once you have signed off on the paperwork and driven off with the vehicle.

My DH got stuck with a $17k lemon truck this way.

not necessarily

if he bought it from a private seller, you are right....no recourse....he can sue, but he will not win

if he bought it from a dealer, most states require a 30 day warranty on any vehicle sold UNLESS specifically sold as-is....and there is a boatload of paperwork on all as-is deals....states do not like dealers selling vehicles as-is.....creates all sorts of issues....so they put a lot of hoops for the dealers to jump through

now most 30 day warranties are only powertrain related, and usually only good at the place where the vehicle was purchased (again if dealer)

so the question is....did he buy it from a private party, or a dealer?

and if from a dealer, did he sign all of the disclosures required for as-is units

[Deleted]

Mar 26, 2014 12:48:27 GMT -5 Rocky Mtn Saver said:

Mar 26, 2014 12:44:33 GMT -5 tloonya said:

I think there is a 'lemon law' or something...

That only covers purchases from dealers with a time limit of 30 days, I think.  Did he buy it private party or from a dealer? 

lemon law ONLY covers NEW unit purchases

never on used

there are other laws that cover used vehicles

[NomoreDramaQ1015]

Dealer and yes he signed all the paperwork. He didn't bother to read any of it b/c he "trusted the sales guy not to steer him wrong". They had him over a barrel. I'm pretty sure whoever sold him that truck had to change his pants after DH left.

VERY expensive lesson for DH. 

He was stuck with it for quite awhile till it got in a wreck and the insurance company totaled it. Happiest day of my life.

I made him take my dad with him to buy the next vehicle. #1 he's a mechanic and #2 he's not going to be taken in by a smile and handshake. We got the Pontiac for $5k that way.

[tloonya]

Mar 26, 2014 13:13:46 GMT -5 mmhmm said:

Mar 26, 2014 13:06:52 GMT -5 tloonya said:

I WAS TALKING ABOUT Drama'S post about her DH's $17K lemon car!!!!!!!!!!!! READ!!!

Tloonya, cool your damned jets!  There is no need to yell!  Someone offered you a site to learn about lemon laws.  Bench the 'tude!

mmhmm, Administrator

OK, I am benching...