Hey Scotty,
I recently purchased a 2007 Toyota sequoia 2wd with 216,000 miles. (I loved your YouTube videos praising them).
I bought it from a small dealer in the Dallas area and it had no dash lights on and everything was working fine. Within a day of owning the vehicle I noticed white smoke on start up and after periods of idling, it now smokes all the time. I took the Sequoia to my trusted mechanic and he let me know the motor will need to be replaced or rebuilt and that this vehicle will not pass an emissions test as is. He also reset the dash and multiple lights are now on requiring attention. My question is: is it legal to sell a car that cannot pass state inspection, if the car was sold buy a Texas dealer? I understand the circumstances would be different if I bought it from just an individual. Thanks for your help!
Also adding @Mod_Man to the discussion
You might be stuck. I did a quick search (as I'm sure you have) and couldn't find any directly-applicable laws. You can go after the dealer if they sold a wrecked or flooded vehicle and didn't disclose it or in some other way misrepresented the car. However, if it was sold as-is, and there were no obvious problems at the time of sale you will probably have to prove that the dealer knew of the problems, which is probably near-impossible. (Maybe not, keep looking.)
However, there are a few things you could try:
- Just go and ask for your money back. I've seen shady dealers take back bad cars just because they don't want to draw attention to themselves and they know they can sell it to another sucker tomorrow. On the other hand, a reputable dealer that was genuinely acting in good faith won't want to risk getting a bad review and may appreciate the chance to make it right.
- Get your documentation from your mechanic showing that the problems became apparent 1 day after you bought it and repeat step 1.
- Call a cheap lawyer. They (or their assistant) will tell you in 30 seconds if you have a case
Everything will be described in fine detail in your contract. You did read the fine print before signing, right?
Unfortunately you are stuck.
Texas law on "As Is" sales states used vehicles do not have a warranty unless it is written, regardless of any oral agreements. When you bought the car, you likely signed a printed sheet that has a box for "As Is" and one for "Warranty". This sheet is called a "Buyers Guide". If "As Is" is checked, that's it. You also had to sign a "We Owe" sheet that states the dealer owes you nothing after the sale.
You could try to work with the dealer. I've had things happen to my customers that I made right after the sale. Never a drivetrain, but still....they may help. If they care about their reputation at all, that is.
Sound like an "As Is Sale" to me.
The dealers in most states are obligated to give you a warranty on the powertrain (30 days) . Find out the details in your case.
Interesting...I had not heard that. Texas is like the wild west, so yeah...no warranty expressed or implied if not in writing.
In east cost, this is the case and even if you buy a car from out of state, they are obligated to do that.
It makes sense. Would be nice to see that implemented in every state.