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Delightfully Tacky
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1,526 Posts
Discussion Starter #1
i bought my car from a dealer in plainfield IL(just outside of chicago) on nov 7th...test drove the car and didn't notice anything wrong with it..it was being sold with an as is deal and when i asked the guy if it would pass emmissions he said that the area we were in didn't have to deal with that but it should pass..

i went to take the car through emmissions a week later and it failed with a MIL failure called the dealership to try and let them know that it wasn't passing emmissions...no answer..tried taking it through a couple other times seeing if it was something small or just a little problem...failed a total of 4 times...contacted the dealership again several times, got either a busy tone or it would just ring for ever and not go to a voice mail or anything...

the first of december i receive my title with a business card and letter that says anything we can do for you in the future please let us know..i send an email same day(it was sent before noon) explaining what was going on
5 days later
i receive an email back saying that since i didn't say anything was wrong with the car and since it didn't have a check engine light on when i was there that it wasn't their problem..i replied back very nicely with the check engine light wasn't able to work how was i supposed to know if there was anything wrong with the car..they told me they could get me the part for 20% off since i waited so long to tell them about the problem..I sent today that i had been trying to get in contact with them since a week after i bought the car and that the dealerships in the area wouldn't do the work with a part that i brought in


long story short...is there any way i can get the dealer to pay for any part of what i have had to put into this car?($540something for part and labor plus another 100 for diagnostics) the dealership also lied to me saying that the part of IL that i was buying the car from didn't have to do emmissions..the official IL state emmissions page said different though...am i screwed or can i get some form of compensation out of them?
 

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180 Degrees out of faze
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841 Posts
Small claims court is the point to start.
The fraud unit of the DA's office in the city where the dealership is located would be the next stop. You were given a verbal contract by the dealer saying that it would pass emissions. Was there a witness to the conversation?
 

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Go Sox!
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82 Posts
I think the thing that works best in these types of situations is to be politely persistent. I would calmly inform the dealership that you believe that they have an obligation to fix an expensive problem that occurred right after the sale transaction. Many states have some type of short mandatory warranty for used cars, but apparently, IL is not one of them. I would ask to speak with the owner of the dealership, or write him/her a letter saying that you would like the problem fixed, and if they choose not to do so, you will contact the Better Business Bureau, the Illinois Attorney General's Office, your Congressman and Senators, and pursue legal remedies. If it's a dealership aligned with a major automaker and not just a used car lot, you can contact the national office of the auto company.

There may also be some other places to go, such as the consumer reporter at a local TV or radio station, or newspaper. The one thing that a dealership does not want is bad publicity. As a last resort, a promise to exercise your constitutional right to free speech and picket in front of their dealership on a Saturday with a sign that says "They sold me a Lemon that wouldn't pass emissions" might be effective.
 

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Premium Member
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1,413 Posts
In Calif, any vehicle is sold on an "As Is" basis. A sticker must be placed in the window of every used car describing its warranty, if any, and the length of that warranty. In Calif, the vehicle does have to pass and conform to certain rules and regs to be sold, passing emissions being one of them. In fact, the dealer does the emissions test (and the buyer pays for the testing as part of the sale...usually $50) in order to tranfer the title to you, the buyer....and they have to do a legitimate test which can't be shortcutted or covered up. Verbal contracts generally are unenforsable as regards the sale of autos, but this type of situation could be different. Contact your state DMV office as well. Small claims would be your last resort as its too small for any lawyer to take on. Good luck and I wish you success!
 
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