This Guy Sold Me A Defective Car, And I'm A Veteran

In previous articles, we've learned that buying any vehicle advertised "As-Is" should be one of the biggest red flags whenever it comes to buying a used vehicle, which should always be avoided because in realty “As-Is” is a guarantee that near future repairs will cost you much more than what you paid for the vehicle.

Even worse, you might not be able to justifiably get those repairs done by a garage, as in the case of this Ford owner we heard about earlier.

That turned out to be the situation of a recent case where a Reddit member on the r/UsedCars forum titled "I believe I was scammed and could use some advice," plea for help posted yesterday raises some interesting responses on what to do when this happens to you:

Why "As-Is" is As-Is

To be frank, buying any vehicle listed "As-Is" is like buying anything on eBay where someone states, "I do not know anything about (fill in the blank), so I am selling it "As-Is" or "For Parts Only. "

For example, I am a Ham radio operator, and one of my hobbies is buying old transmitters and receivers and then rebuilding them where possible. I have seen numerous instances of someone selling a radio and claiming that they know nothing about radios and that they are unable to check it to determine its operating condition. Sometimes, a comment like "This is from an estate sale or deceased family member" is added to make the claim more believable.

However, on more than one occasion, after a little online checking of such posts on eBay, I have found that the seller is also a licensed ham radio operator and is, therefore, lying.

It is what it is.

When Rust Goes Beyond Patina

Many used car shoppers (as in the case of the OP) do not realize that rust is not just a cosmetic or aesthetic issue but can be a safety issue. Sometimes, it is so deep that it causes mechanical and structural damage that eventually becomes a hazard to the owner and other drivers on the same road.

If there is one truism regarding rust, it is that "Rust Never Sleeps."

Is "As-Is" Legal Protection for the Seller?

While the new owner of an "As-Is" purchase can be reimbursed by the seller after returning the vehicle and a reasonable complaint backed by a mechanic, in court, the majority of the time, it is viewed as a poor judgment matter on the part of the buyer failing to have a used vehicle pre-purchase inspection. In those cases, the new used car owner is a little wiser but poorer because of this vehicle purchasing mistake.

However, there is hope, as reported in the case of one used car shopper, in which the court system forced the used car dealer to Buy Back the As-Is Car It Sold.

Comment Thread Advice

Following the threads of advice to the OP, you will find that there is a wide range that includes:

1. Lawyering Up.
2. It's too bad, but chalk it up to experience and move on.
3. Numerous "Go to (fill in the blank) for possible help."
4. It is a fraud; go for it.
5. It is not fraud; give up before wasting money on a lawyer.

So, who is correct? Not to sound weasel-like about the answer, but almost all the comments are correct. This is because it depends on what state you live in, the local government's interpretation of lemon laws, and how their laws apply in particular given similar situations.

Related article: Car Lawyer Explains Myths, Scams, and Risks of Buying a Used Car

The Most Useful Comment Advice

Picking two helpful comments out of the thread, I would take the same position of not, not doing anything about it.

The comment "Try the dealer first" is especially useful. It costs nothing and is the first thing anyone should do in a similar situation and one that a judge will be sure to ask of you. Not to be a Pollyanna, but you never know how a seller will respond, and it might turn out to be positive and not cost you a dime. And be sure to keep it civil.

One bit of advice, however: If you ever find yourself in an “As-Is” disagreement with a used car seller, be sure to keep a detailed record of who said what and what was done (if anything) to attempt to resolve the problem. Also, keep documents showing repairs and what a mechanic found to add credibility to your complaint and make it less of a "he-said, she-said" mess for the courts to try to decipher.

In other words, you have to fight back any way you can (legally) and can afford.

This brings me to one post comment I did not see that often works well in situations like this and costs nothing―go to your local news station.

If a used car seller is not budging by your complaint, sometimes a news crew can push harder for you and get something done quicker than having to lawyer up.

We Welcome Your Responses and Your Help

If you know a Minnesota lawyer who can help or you know someone who might know someone, pass on this article, and let's see if we can help a serviceman in need.

If you have experienced this same type of problem, tell us about it and how it turned out for you.

Thank You!

For additional articles related to car seller scams, here are some recommended articles to help you keep you avoid a used car dealership scam:

1. Consumer Reports Warns Used Car Buyers About Certified Pre-Owned (CPO) Car Scams
2. Our Daughter's First Car Scam Experience
3. Scam Alert: What Dealerships Don't Want You to Know About Used Car Inspections

Timothy Boyer is an automotive reporter based in Cincinnati who currently researches and works on restoring older vehicles with engine modifications for improved performance. He also reports on modern cars (including EVs) with a focus on DIY mechanics, buying and using tools, and other related topical automotive repair news. Follow Tim on Twitter at @TimBoyerWrites as well as on Facebook and his automotive blog "Zen and the Art of DIY Car Repair" for useful daily news and topics related to new and used cars and trucks.

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