On March 9, 2019, I was looking to purchase a vehicle. I did not see anything that I wanted to buy until I noticed a Black VW Passat. I just assumed that the car was a personal use car.
Salesman Juan asked me if I would like to go for a test drive. I asked him the price of the car (I already informed Juan that I was paying cash and did not want to go over $10,000).
Juan asked me to wait while he checked on the price. I looked in the car and there was no sticker, no book, no nothing to indicate the car was for sale except the fact that it was on the lot.
Once Juan returned, he said that the car was over my price but that he would “work it out” so that I could afford it.
The test drive was a pleasant one and I proceeded to ask about the warranty.
Juan assured me that there was a warranty and that we would find out once we did the paperwork.
Once we got to the office, Juan introduced me to the manager. I do not recall his name.
The manager approached me about the car. I told him that I liked the car and wanted to talk about price. The manager left me and Juan sitting while he went back to his desk.
I asked Juan again about the warranty. He said not to worry and that we would take care of the warranty paperwork with everything else.
The manager asked me how much money I had to pay today and I told him that I had $7,000. I had the other money in the bank and would get another paycheck in a couple of weeks.
He left Juan and me while he went back to him computer.
I asked Juan again, “let’s go and do the warranty stuff while he’s at his computer (there were multiple salesman around the manager talking and doing other things). I thought we had time, so I said to Juan, let us just go in and we can get the warranty stuff explained while he is doing other things. Juan said that I had to wait until we did all the paperwork.
Once the manager approached again and said that we can do the deal.
We went into the finance office and met with another Juan. Juan had multiple papers for me to fill out. I’m reading papers and signing and reading and signing. By the time I was almost done with signing, Juan brings out a piece of paper indicating the car was being sold “as is”.
I stopped everything and said that I do not purchase cars “as is”. I told him that I was told that the car had a warranty. He then left the office and went to go get the manager.
The manager came in the office and informed me that there was no warranty. I told him that I do not buy cars without a warranty and I did not want to do the deal anymore. The manager told me that since I signed the papers, I would not get my money back.
Both Juan (in finance) and the manager were intimidating me and pressuring me. They were not going to give my money back. Juan then said that I had 3 days to EXCHANGE the car but that I could not get a refund. HE NEVER GAVE ME ANOTHER OPTION.
At that point, I felt pressured into purchasing. If I did not take the car, I would have to leave without my money and without a car and wait to sue.
The manager assured me that the car had gone through a rigorous inspection and smog and was in good shape. I told him that I would take it to my mechanic.
Once I got the car home, I realized that Juan (in finance) did not give me copies of any paperwork on the car (i.e., Carfax Report, Recall information, Spare Key, etc.).
Juan and Jacob (another salesman) followed me home since I was in a borrowed car. I told Jacob and Juan that I did not have any paperwork and Jacob PROMISED me that he would email the documents. HE DID NOT.
Once my mechanic inspected the car, he noticed two major leaks. One leak was oil and the other was the water pump. Both fixes would cost around $1200. At the time, I offered to fix the oil leak as long as the Dealership fixed the other leak.
Once I called about the issue with the car, I got the proverbial “run around”.
I was LIED TO ABOUT THE WARRANTY AND LIED TO ABOUT THE CONDITION OF THE CAR.
This is what the State of California says about purchasing cars that are sold “AS IS”:
When you buy "as is" the entire risk is put on you. To disclaim all warranties, the dealer must conspicuously post it in writing on the vehicle. As is does not disclaim fraud, and if the consumer was lied to, mislead, or not told of a material defect, the as is disclaimer does not shield the dealer.
State and Federal law require that every used car offered for sale have a "Buyers Guide" in the window. This guide tells you whether the car comes with a warranty, and what the terms of that warranty are. Typical is 30 days and 1,000 miles, though they vary.
Oil Leaks & Thermostat/Water Pump Leaks are MATERIAL DEFECTS.