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      12-15-2014, 01:45 PM   #1
chishifu
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Question on Cali Laws regarding used car sale from dealership

Hi Guys, first post here!

After so many years of lurking, finally pulled the trigger on an 2007 335i over the weekend from a Porsche dealership.

Unfortunately, after having a completely clean test drive and making the deal, the car throws an SES light and starts misfiring a few blocks from my house (FYI only 60k miles on this thing, clean carfax, looks like upgraded brakes/exhaust).

I'm just wondering if anyone knows of any laws/statutes that would entitle the dealership to be responsible for this work? They claimed full safety inspection has been done, and I'd probably try to argue this on safety grounds. However, I did NOT purchase any extra warranty for this car.

Do you guys think I've got any shot at this? Or probably will just have to eat the cost?

Thanks!
Chi
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      12-15-2014, 04:37 PM   #2
princelybug
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Did they sell you the car "As Is"? If so, you're probably out of luck.

Maybe go back and address this with them, though. It can't hurt?
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      12-15-2014, 06:14 PM   #3
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most definitely address the issue asap and they should take care of it.
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      12-15-2014, 06:47 PM   #4
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I thought you have a three day return on pre owned vehicles and 3 month minimum warranty on the engine?

i could be wrong.
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      12-15-2014, 06:51 PM   #5
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Did you purchase the "contract cancellation agreement" to basically pay a re stocking fee and get out of this buy.
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      12-15-2014, 07:03 PM   #6
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I was lucky. I waited about 2 weeks and then decided to buy an after market warranty and a month later I started to have problems. All were take care of by the aftermarket warranty and it's already paid for itself and I have 6 years left on it. It was the best upgrade that I bought for the car.
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      12-15-2014, 08:27 PM   #7
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Well according to law if u bought as is your out of luck however if you go to a smog place and for whatever reason that car does not pass emissions (with that after market exhaust it mite not pass due to no secondary cats) u can address that to them , they can Not sale a car that is not smog legal , my neighbor works for the Cal state emissions so I know by law they can not sale a car that does not pass smog , consider red tag till dealer fixes the problems .
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      12-15-2014, 09:20 PM   #8
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Quote:
Originally Posted by MAXIMO'sE92 View Post
Well according to law if u bought as is your out of luck however if you go to a smog place and for whatever reason that car does not pass emissions (with that after market exhaust it mite not pass due to no secondary cats) u can address that to them , they can Not sale a car that is not smog legal , my neighbor works for the Cal state emissions so I know by law they can not sale a car that does not pass smog , consider red tag till dealer fixes the problems .
Yep. If the car doesn't pass smog immediately, the dealerships, or anyone for a fact, cannot sell that car as an operable street-legal vehicle.

But like others have said, if your contract is as-is. you're out of luck. Contact them first nicely to see if they'll fix the problem out of good will.
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      12-16-2014, 11:51 AM   #9
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Like everyone said, as is means they have no obligations as soon as you drive off. The one good thing I see about this is buying from a porshe dealer. It may go one way or the other way tho. This means they definitely want to protect their name and dealership and usually means a high standard of customer service since they handle high end cars so if you go back and really be nice about it, they may help you out.
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      12-17-2014, 04:53 AM   #10
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Bring it back to the dealership. Even if you were screwed out of a warranty or couldn't afford it, if you just bought it a few days ago, talk to a manager and work out a deal. Any reputable business wants to stay in business. If they don't want to help, that's when you escalate up to the county and state level, as well as consumer advocate groups. But I hope they fix it, they should at least try to keep your business.
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      12-17-2014, 01:35 PM   #11
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Safety equipment must work for 30 days on a used car.
If the SES light comes on they must address it since seat belts, lights, wipers, etc. must work.
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      12-17-2014, 08:57 PM   #12
chishifu
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Thanks for all the info guys! I'm taking it back to the dealer on Friday to get it checked out and hopefully fixed. Will hopefully have a positive update later.

BTW ^ techwiz... any chance you've got a source link or something for that info? I'd love to have it handy in case they try to charge me an arm and a leg for the work.

Thanks!
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      12-18-2014, 11:43 AM   #13
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Should've done more research buddy. Never ever buy a first generation turbo engine from any manufacturer lol. Good luck to ya. Hope you make good money !
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      12-18-2014, 03:33 PM   #14
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Quote:
Originally Posted by chishifu View Post
Thanks for all the info guys! I'm taking it back to the dealer on Friday to get it checked out and hopefully fixed. Will hopefully have a positive update later.

BTW ^ techwiz... any chance you've got a source link or something for that info? I'd love to have it handy in case they try to charge me an arm and a leg for the work.

Thanks!
First look through this:
http://www.business.ftc.gov/document...-used-car-rule
http://calstate.aaa.com/help/are-the...-car-purchases

Also
http://www.leginfo.ca.gov/cgi-bin/di...le=27302-27317

This specifically talks about seatbelts:
27302. No person shall sell or offer for sale any seatbelt or
attachments thereto for use in a vehicle unless it complies with
requirements established by the department.

You could argue that a SES light on is not in compliance.
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      01-13-2015, 10:40 PM   #15
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Quote:
Originally Posted by chishifu View Post
Hi Guys, first post here!

After so many years of lurking, finally pulled the trigger on an 2007 335i over the weekend from a Porsche dealership.

Unfortunately, after having a completely clean test drive and making the deal, the car throws an SES light and starts misfiring a few blocks from my house (FYI only 60k miles on this thing, clean carfax, looks like upgraded brakes/exhaust).

I'm just wondering if anyone knows of any laws/statutes that would entitle the dealership to be responsible for this work? They claimed full safety inspection has been done, and I'd probably try to argue this on safety grounds. However, I did NOT purchase any extra warranty for this car.

Do you guys think I've got any shot at this? Or probably will just have to eat the cost?

Thanks!
Chi
Find a local coder who can pull the codes for u so u know what the car is actually complaining about. I'm willing to bet its probably just normal wear/tear maintenance.

1) Spark plugs need to be changed every 45k miles on a stock car (25k miles on a tuned car) $12/plug x 6 + install $50
2) Possibly a bad coil, u can buy them 2 at a time from AAP using coupon code TRT41 ($30 off $75)
3) Possibly needing Carbon blasting (Usually about $250 including the gasket).

Even if u were to get them to agree to any of the above... They will probably dismiss it as wear and tear which is what the items i listed above actually are. You really should have gotten a PPI done on any used car from anyone (even CPO cars are allowed thru in shady conditions). Hell i've seen brand new cars in shady conditions on dealership lots like Audi/BMW/etc... NEW CARS!!!

Buyer beware... Hope u get something out of it... Even if u don't its probably not the end of the world to be honest.
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