DENNIS O’SULLIVAN
The pitfalls of buying a car “as is”
QUESTION
Hi Mr. O’Sullivan! I hope that you can help me because I have nowhere else to turn. I purchased a car from a small used car lot and the problem is that I purchased it “as is”. I did not even get off the lot and the motor quit. They brought the vehicle back into the shop where they do small jobs and two days later, I am told that the car needs a new motor. I had to scrape the money together just to buy this vehicle and I cannot afford to pay another fifteen hundred dollars for a used engine. Everyone who I talk to has told me that I bought the car “as is” and that I have no legal claims against the car lot. Please help me!
Martha from Freelton
ANSWER
The term “as is” can be misinterpreted by the seller and the buyer alike and sometimes what is written on the bill of sale can come back to haunt many a seller. The term “as is” is generally accepted throughout the automotive industry whereas once the money is exchanged and the transaction has taken place, the buyer has accepted the vehicle in whatever condition it is in at the time of the sale. Further to that, the buyer is legally accepting the responsibility for any repairs needed after the car is driven “off the lot” of the used car dealer.
The courts do not look kindly on the seller if they are selling the vehicle “as is” while assuring the buyer that the car can easily pass the mechanical safety when the seller knows that it will not and cannot be mechanically certified. When the words “as is” are used on the sales agreement and problems occur, many sellers are dragged into court based on what was told to the buyer before purchasing the car. On your purchase agreement, the seller has written that the car has a “mechanical safety and runs great”. Not even getting off the lot does not fit the term “runs great” and this type of situation does not in the end go well for an established used car dealer even if they are not legally responsible to do anything for you. Morally responsible is another matter and the used car dealer is, in this situation, taking the high road. You are going to get all your money back minus one hundred and fifty dollars for administration fees.
PS: to the buyers - never buy a vehicle “as is” if you intend to certify it unless you first have a technician look at the car.
PS: to the sellers - never sell a used car “as is” without adding the words “parts only” if you truly do not want any further repercussions after the sale.
QUESTION
I have a stone chip in my windshield on the far right. I called my insurance company about the damage and they told me that I have to have it repaired and they will not pay to have the windshield replaced if it can be repaired and if it is not obstructing the driver’s vision. I do not want the windshield to be repaired. I want a new windshield. Can the insur- ance company force me to have the windshield repaired or do I have the right to demand a new windshield?
Hummid from Hamilton
ANSWER
Depending on who your insurer is, I believe that the insurance company has the right to repair or replace. If I was faced with a small chip repair that you cannot see after the repair is done then that is the route that I would go to maintain the quality of the factory windshield. If the windshield is repaired, most insurance companies will not make you pay anything. If you replace the windshield, there may be a deductible that has to be paid.
QUESTION
I have a question about a lawn mower. I want to change the blade but I cannot get the nut off. I am afraid that if I use a bar for leverage, I might break the bolt. Any ideas?
Bill from Hamilton
ANSWER
You have not told us the year or make of the lawn mower but some of the older models were built with left-handed threads. Before you start to remove the blade, make sure that you have disconnected the spark plug.
PS Readers, Please be advised that all emails cannot be answered. Send your questions (be sure to include your address) by email to: dennis.osullivan@cogeco.ca or mail: Box 10019, Winona, ON L8E 5R1