Legal Rights on Used Car Purchase

Jack W · Feb 20, 2023

I sold my 2010 with a blown head gasket to a friend who says he can get it fixed cheap. So I found a 2017 Express for a reasonable price and brought it home. Next day I get under the hood to check everything out. Get to the radiator and find what looks like Bars Leak around the cap. Going to have the system flushed Wednesday and find out then if I bought another truck with a bad cooling system or blown head gasket. I'm a pessimist so this isn't going to be good I just know it.

Jack W · Feb 20, 2023

I fear I bought a used truck from a dealer in TEXAS that has a blown head gasket. I drove the truck home and checked out everything the next day. Found what I believe is leak sealer in the coolant system. If in the worst case it's a blown head gasket, what are my rights? Of course it was sold AS-IS too!

Docwagon1776 · Feb 20, 2023

Did you talk to the dealer yet? Trying to work it out amicably should be your first step at this point.

Legally, you've likely got very limited (as in no) rights given the lack of warranty. You could have some recourse if you could prove to a judge they represented the vehicle falsely, but good luck with that. Unless Texas has some out of the ordinary consumer protections, "as is" means exactly that and you likely signed paperwork agreeing to as much.

Spsully · Feb 20, 2023

honestly, I think you would have been better off buying it with a leak than having that crap in your cooling system

Atcer2018 · Feb 20, 2023

You’d have to check TX law or consult with an attorney in Texas to be positive about any remedy you may be able to seek. There are only 18 states that expressly allow “as is” sales. The other 32 have stipulations on as is sales. In 2017 the FTC changed some used car sale rules under 16 CFR 455. Even when a vehicle is sold “as is” there are 15 caveats that don’t apply to as is sales like odometer readings and flood damage disclosure. Unfortunately your truck runs. Even if they used a sealant for a head gasket leak if that fix is working on the day you drove it away then it’s a usable vehicle and anything that happens after you sign the paperwork is upon you. Still I’d check with an attorney or the state consumer protection bureau.

Spsully · Feb 20, 2023

Also I forget the time frames, but FCA was having issues with HOAT and OAT vehicles smelling like coolant, but no leaks were present. ENTIRELY possible this guy added that because the dealer kept telling him that there wasn't a leak but his nose kept smelling the leak

Jeepwalker · Feb 20, 2023

OP: Wait till you hear back. Are you sure it was BarsLeak and not grease or incompatible coolants? Have a shop do a coolant pressure test. Drive it around a couple days. How many miles are on it?

Worst case pop the heads off and have them checked ...and replace the head gaskets. Then you have a nice truck with brand new head gaskets (don't have to worry about them failing)

metalchewy · Feb 20, 2023

A lot of states have that three day back-out clause as well. Don't know a out Texas, but Colorado, Utah, Nevada and other western states you can back out of it. Have to pay incidentals Like gas and mileage, but might not totally be SOL.

Suggest to Talk to a lawyer quick.

Jeepwalker · Feb 20, 2023

Head gasket story:
I bought a car ..early 80's Fox body Mustang 4-cyl for $25 a loooong time ago. Probably 30 years ago. Had a bad headgasket, I believed. I figured a quick head gasket repair and she'd be good. Otherwise it was a decent car. Sell it and make a few bucks on it. I replaced the headgasket and it still blew white smoke. It's possible the head was warped, but I don't think so ...I think my brother and I vaugely checked it with a straight edge ..but it's been 30 years ago. Something could have been cracked ..Who knows?

Anyway, I didn't want to put any more work into it, so I put a can of "Headgasket Repair ..in a can" solution, from NAPA, into the radiator, and followed the instructions to a T. Just to see. It was kind of pricy stuff, like an industrial product. ...almost the cost of the car ..he he. Guess, what ...it worked!

We didn't think it would last and we'd be junking it, and I didn't feel like selling it to someone as it was, so we (my brother and I) put on some low profile Eagle GT's (bald) on aluminum wheels which we had around, so it would handle better & spent a few days beating the crap out of the car. Had a lot of backroads fun with it, put er through the ringer. Well after a week I started driving it around, then eventually as a DD. I drove it all spring, summer & fall and gave it to my brother. He drove it another year and a half, drove it on at least (2) 2000 mile trips out to the Dakotas. He eventually traded it for a different car. In that time it had to be re-treated one time (while I had it). It didn't kill the heater core either.

Just an interesting story I thought I'd share. But we're getting ahead of ourselves. Your truck might be just fine. Even if there's a coolant leak it could be a leaky radiator tank. BTW, I'm not advocating "Head gasket repair" solutions ...lol. But it astonished me how well it actually worked.

Docwagon1776 · Feb 20, 2023

metalchewy said:
A lot of states have that three day back-out clause as well. Don't know a out Texas, but Colorado, Utah, Nevada and other western states you can back out of it. Have to pay incidentals Like gas and mileage, but might not totally be SOL.

Suggest to Talk to a lawyer quick.

Everybody online is quick to recommend a lawyer for stuff they wouldn't spring for a lawyer for themselves because it's not their money and it sounds good.

Dude hasn't even verified there's an issue yet and "talk to a lawyer". Talk to the dealer. Talk to a mechanic...who is probably cheaper than the lawyer to begin with.

Jeepwalker · Feb 20, 2023

You're right LOL. ...like the law office is going to stop everything they're working on and jump onto that highly lucrative "guy thinks he got hosed by used car dealer" case!!

.

huntergreen · Feb 20, 2023

Always have a used vehicle checked out by a pro before you buy !

I doubt you’ll get anywhere in court as the car lot owner will just deny using a stop leak product.

indept · Feb 20, 2023

You have the right to remain silent. Everything you say can & will be used to ridicule you and tick you off.
The "As Is" part sucks hope you can get some satisfaction out of this.

tron67j · Feb 20, 2023

Just so many things going on here. Why don't people get a full mechanic inspection to check over as much as possible before putting out quite a bit of money? Then, think that an attorney is going to wave a magic wand and fix a complex problem.

The term caveat emptor requires the purchaser to reasonably examine the merchandise before purchasing. Laws governing purchases also vary by state.

But back to the fact that the OP doesn't even know if they have a problem, and then start this thread expecting legal advice here. If someone thinks they have a problem that has legal implications, last thing you want to do is lay out confirmation of anything about a possible action via writing in a public forum.

Yardbird · Feb 20, 2023

Here in NC, As Is means just that. I have owned a used car lot twice. I didn't sell junk, repaired everything before selling, and vehicles that didn't meet my standards went back to the auction I got it from, and was resold. Any problems I disclosed when the vehicle was on the block to be auctioned off.

I never had a complaint from a customer, but quite a few comments that the vehicle was better than I said. ......So, there are some honest car dealers.

That being said, it's like the auctioneer announced before each sale when explaining the red, yellow, or green light each vehicle was sold under: "The yellow light means As Is. You buy it, it's yours. If it breaks in half going out the door, you get both pieces."

metalchewy · Feb 21, 2023

Docwagon1776 said:
Everybody online is quick to recommend a lawyer for stuff they wouldn't spring for a lawyer for themselves because it's not their money and it sounds good.

Dude hasn't even verified there's an issue yet and "talk to a lawyer". Talk to the dealer. Talk to a mechanic...who is probably cheaper than the lawyer to begin with.

There is this thing called doing both.

The Op already said that there is an appt with a Mechanic on Wednesday. Based on the limited info given, it seems he talked to a mechanic and got in asap. (Around here it's a couple week wait if you can find a mechanic to trust. )

The grace period in Texas is 3 days ( googled it). So, sales contract would have his grace period terms, or talking to a lawyer if theres a lot of legaleze in it. If bought on Saturday, it is nearing the end of any possibility of acting Today within the grace period.

Jack W · Feb 24, 2023

OK. Put truck in the shop for a coolant flush. took three flushes, one with chemical flush, to get everything out and system clean. Mechanic said the stuff that came out stunk. New 190 degree thermostat installed. Coolant is plain old green at 50/50. System tested and held. Drove around running errands, about 30 miles stop and go traffic. Temp never got over 195. I want to thank everyone for the advice. Guess I just got worked up for nothing.

EdGs · Feb 24, 2023

That is good. All you can do now is keep a good eye on her. Check frequently and see what happens.

Sometimes they're not taken care of as good as they should have been. Coolant gets old, and you just never know what someone else has or hasn't done.

18CrewDually · Feb 24, 2023

Monitor the coolant level. Check it every few days COLD. If it had stop leak in it, it may have a leaking heater core or a leak somewhere else. Hopefully nothing too serious.

Shawn Burns · Feb 25, 2023

Jeepwalker said:
Head gasket story:
I bought a car ..early 80's Fox body Mustang 4-cyl for $25 a loooong time ago. Probably 30 years ago. Had a bad headgasket, I believed. I figured a quick head gasket repair and she'd be good. Otherwise it was a decent car. Sell it and make a few bucks on it. I replaced the headgasket and it still blew white smoke. It's possible the head was warped, but I don't think so ...I think my brother and I vaugely checked it with a straight edge ..but it's been 30 years ago. Something could have been cracked ..Who knows?

Anyway, I didn't want to put any more work into it, so I put a can of "Headgasket Repair ..in a can" solution, from NAPA, into the radiator, and followed the instructions to a T. Just to see. It was kind of pricy stuff, like an industrial product. ...almost the cost of the car ..he he. Guess, what ...it worked!

We didn't think it would last and we'd be junking it, and I didn't feel like selling it to someone as it was, so we (my brother and I) put on some low profile Eagle GT's (bald) on aluminum wheels which we had around, so it would handle better & spent a few days beating the crap out of the car. Had a lot of backroads fun with it, put er through the ringer. Well after a week I started driving it around, then eventually as a DD. I drove it all spring, summer & fall and gave it to my brother. He drove it another year and a half, drove it on at least (2) 2000 mile trips out to the Dakotas. He eventually traded it for a different car. In that time it had to be re-treated one time (while I had it). It didn't kill the heater core either.

Just an interesting story I thought I'd share. But we're getting ahead of ourselves. Your truck might be just fine. Even if there's a coolant leak it could be a leaky radiator tank. BTW, I'm not advocating "Head gasket repair" solutions ...lol. But it astonished me how well it actually worked.

That's a great story. I had a friend that was trying to blow his 4 cylinder mustang engine so his dad would let him put a 5.0 in it. He was doing 7,000 rpm reverse runs and then thing wouldn't blow up!

Legal Rights on Used Car Purchase

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