Ok, here’s the deal:
Back on the 5th of January (2010) I bought a used vehicle from a dealership (a Kia dealership). When we went to test drive the vehicle, it wouldn’t start; the battery was dead. The salesman assured me that when cars sit on the lot not being used the batteries get low, and he had it jump started. It ran fine on the test drive and we decided to buy it.
During the little negotiation part with the salesman I asked for a new battery. He said the battery was fine and that if there was a problem I could bring it back and they would replace it.
Ok, no problem. We buy the car (finance with ,000 down) and drive it home.
It continues to have problems starting (probably the battery I think), and I resign myself to having to take it back to get this dealt with. Well, yesterday, as my wife is driving it, the check engine light turns on and the vehicle gets stuck in 3rd gear. Definite problem! So, first (being the savvy fool I am) I take it to Firestone Auto for a full diagnostics before taking it back (I do NOT trust dealerships). They come back with a dead cell in the battery, and several transmission codes. I take the paperwork with me and return to the Kia dealership with the vehicle.
Thankfully, I bought the extended warranty (which apparently will cover the transmission problems), but not the battery. I am told to go talk to my sales person and that he can get me a battery. So, I speak with my sales guy and he tells me they won’t let me get a new battery and I have to talk to a manager. Manager says no dice.
He tells me that since the battery did not get mentioned during the paperwork stage and since it didn’t get written down there is nothing he can do. He also tells me there are no verbal agreements there.
So, my question is this:
Is there anything I can do to back out of the deal? It has been 25 days since I purchased the vehicle, and I haven’t made a payment yet. I am very unhappy with this dealership, and I feel slighted. If there is anyway I can give the car back and get my ,000.00 back I would be very happy.
Any advice is appreciated.
Also, this is in Austin, Texas.
{ 2 comments… read them below or add one }
In Texas, all used vehicle sales are deemed "as-is" unless noted in writing. If the deal included a warranty, you can use it to make fixes that are covered. If the battery’s not covered, then it’s on your dime.
Never agree to anything verbal when it comes to vehicle sales contracts. Always get any promise/guarantee/warranty in writing. Anything a seller says in regards to vehicle performance or reliability is called "puffery" and doesn’t hold water in court. Me telling you "this car should run you forever" is not a guarantee or warranty in the eyes of a court of law. The salesman should have never agreed to a new battery verbally, and most are not allowed to make such promises under delaer policies. Sounds like he was very anxious to make a quick sale. Might not be much consolation, but know that he will not last long in the business if he keeps that up.
And, do not skip out on a payment because you are unhappy with the car. The payment is between you and the lender, not the dealer. Missing a payment or refusing to pay does nothing to help your cause.
Legally, you have no recourse. You signed the sales agreement and lending contract as written, and they will hold you to that. Your only play is to go to the dealer, and ask to speak to the general manager. Explain the situation to him calmly, and see what he does. He might agree to a new battery (to save a good customer and any backlash involving your word-of-mouth to others), or he might tell you to take a hike.
Why not just replace the battery yourself? The dealer is correct, if you dont get it in writing you’re out of luck. I mean come on, dont you know why car salesmen have the worst reputation? Because they are bunch of LIARS that will say anything to get you to buy a car. Its your fault for not getting it in writing.
And no, there is no law that allows you to undo a contract because you found out the dealer was dishonest. When you buy a used car, you are taking a risk. If you buy a warranty great now you get a free transmission. But if anything else breaks that isnt covered you pay out of your own pocket. Dont buy a used car expecting new car reliability.