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Used car/Small claims court

Old 03-31-2017, 02:24 PM
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Default Used car/Small claims court

Last May I bought my daughter a used 2014 VW Jetta. Car was in decent shape but I new had been in an accident. Last week the motor literally fell out of the car. Turns out one of the 2 bolts that hold the tranny to the motor mounts was stripped and the second bolt sheared off. Caused a ton of secondary damage. New axial, transmission wiring harness, motor and tranny mounts, shifter and cable. While the mechanics were trying to fix the car they noticed that the airbag sensors were missing from the car. Also they found silicone behind the gauge cluster blocking the airbag light. While I understand not knowing about the bolts, the blocking of the airbag light was intentional. Does anyone think I have any recourse small claims court to recoup some of my repair bill for the airbag sensors and dash cluster repair.

Shame on me price for the car when I bought it was cheap but I figured it was because of the accident. Just paid a 6500 dollar repair bill. I never dealt with small claims court and not sure if I would be wasting my time. Thanks
Al
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Old 03-31-2017, 02:34 PM
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Was it on a salvage title?
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Old 03-31-2017, 02:55 PM
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[QUOTE=cphilip;10129972]Was it on a salvage title?[/Q
Title was clean on the car
Al
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Old 03-31-2017, 02:57 PM
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What state? Does your state have a damage disclosure law? Bought from a dealer or individual?
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Old 03-31-2017, 02:58 PM
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Then it was fraud I would expect. Does he have deep pockets? Go after him.
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Old 03-31-2017, 02:59 PM
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a. Let the buyer beware. caveat emptor, you lose.

b. How do you know who in the chain of ownership did those "repairs"??

c. "Maybe" worth arguing if purchased from a VW dealer.
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Old 03-31-2017, 03:06 PM
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Originally Posted by Schmaltz~Herring View Post
a. Let the buyer beware. caveat emptor, you lose.

b. How do you know who in the chain of ownership did those "repairs"??

c. "Maybe" worth arguing if purchased from a VW dealer.
I bought from an individual who buys and sells cars on the side and has a LLC for the business in NY. In the words of Mike Brady Caveat Emptor, I get it. The air bag issue really twists me.
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Old 03-31-2017, 03:20 PM
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You'd have to check local laws, but it is possible if he sold it as a dealer he has more liability than an individual seller. For example, in our state you can't sell a vehicle with a modified exhaust (due to emissions regulations). As an individual, you can't even make a non-factory change to the exhaust without being in violation. I'm sure the last two are rarely enforced, but give you a legal standing to bring a claim.

Did you get a history on the car to see if there is any documented evidence of when the accident(s) occurred?
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Old 03-31-2017, 03:35 PM
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for your viewing pleasure:

https://ag.ny.gov/consumer-frauds/us...law-fact-sheet

Appears to my simple eyes that there is some recourse in NY state, but it also appears that you are beyond the period of coverage based on your statement it was purchased in May.

However, they encourage people to call them - I might if I was in your shoes just to see what they have to say about your situation.

Good luck, just be glad nobody was hurt or killed!

Disclaimer: I am a fisherman, not an attorney.
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Old 03-31-2017, 03:45 PM
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Problem would be proving WHO did that, raw deal but not much I can see you would benefit from

You could contact whoever you bought it from and try and bluff them but if not original owner back to my first statement
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Old 03-31-2017, 03:53 PM
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No idea about your state law, but in general whether dealer or private party would not think much you can do due to the time frame. Not to mention it's a big difference between what you know and what you can prove but mostly the time frame. One thing worth checking out.... messing with the emissions is federal and probably carries a while different set of rules ( statutes )
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Old 03-31-2017, 04:05 PM
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How much does it cost for a baseball bat and to repair broken knee caps
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Old 03-31-2017, 04:37 PM
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Will contact the Attorney Generals Office in regards either way. Has to be a crime to tamper with airbags. Problem is how to prove who did it. But would get some satisfaction in making the seller sweat.
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Old 03-31-2017, 04:46 PM
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Originally Posted by alka2710 View Post
Will contact the Attorney Generals Office in regards either way. Has to be a crime to tamper with airbags. Problem is how to prove who did it. But would get some satisfaction in making the seller sweat.
Al
Tell the dealer to hook the cpm up. Some cars have date and time stamps when a code is thrown. I would think airbag disabling would throw a code. If the date is after the dealer took title, its them

I would suggest you get on a VW msg board and seek advice. Here's one that indicates throwing a code is date stamped. If so, pretty string case. Make em sweat more.

http://www.myturbodiesel.com/threads/can-dealers-see-a-time-stamp-on-fault-codes.20071/
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Old 03-31-2017, 04:50 PM
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I would guess it happened when the accident happened. PO probably, kept the money from the ins. Dealer probably didn't even know, unless he's the one who repaired it.
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Old 03-31-2017, 04:50 PM
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I have been a md state automobile inspector since 1990 I have seen people try to pull this crap many times. If I read this correctly you purchased the car less than a year ago In md all warning lights are checked Don't know about hey York. Motor mounts are also checked. These items should not have passed inspection I would contact your state police not much they can do but if the guy that passed it has been busted they would like to know about your car
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Old 03-31-2017, 05:11 PM
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The car is not that old. I would doubt there were many prior owners and the state would/should have a record of each of those. It might take the threat/possibility of a subpoena to get someone to make a statement of fact on the condition of the vehicle when it left their ownership and events during their ownership.
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Old 03-31-2017, 07:25 PM
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Now that you know all this, why did you repair the car? I would think its not insurable at this stage of the game.
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Old 03-31-2017, 07:47 PM
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Your SOL. You will not be able to prove who did what to the car period.
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Old 03-31-2017, 07:48 PM
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Originally Posted by cphilip View Post
Now that you know all this, why did you repair the car? I would think its not insurable at this stage of the game.
Well I am a 2 time loser on this car now that I fixed it. Original estimate was 3 to 4 grand to fix it. The repair snowballed on me and if I new it would cost 6500 would have passed. Paid 8 for the car so my thinking was, don't fix and maybe get 3 grand for a parts car if I am lucky or fix it and drive it till it dies. Car only had 47000 miles on it, with new tires and brakes. Now i am into the car for 14 grand, When I bought it there was a blue book on it for 11 to 12 grand. . Anyway the car passed the state inspection and received a clean bill of health from the dealer.
Al
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