Screwed by a dealer - Please help

[jack_b27]

Would appreciate any help from fellow RFD'ers.

I bought a 2001 Hyundai Sonata from a dealer in Toronto with 90K kms on it + 2 years warranty. The body of the car looks brand new and so does the engine.

The car ran fine for a few days but then started to lose acceleration (power) and was basically unusable on highways, and wouldn't go past 70km/hr.

I took it back to the same dealer.. who fixed it, but same problem happened again the same day. Next, I decided to take it to a hyundai dealer (since I hoped that the car was still covered under Hyundai's 10yr 100,000 km warranty)

This is where I realized that the dealer had screwed me. The mechanics at Hyundai told me that the engine in the car was not the right engine (2.7Volts instead of 2.6 Volts) and was probably a scrapyard replacement, and there was nothing they could do to fix it. They said they wouldn't even accept a trade-in because my car was basically a piece of junk.

I took it back to the dealer.. got in to an argument, but he basically told me that it's not his responsibility since he only buys from auctions and resells.


My question is -- what can I do?

1) The dealer sold me the car saftied / and e-tested saying that it had 90k mileage. Now, I think that the body has 90k's and the scarpyard engine probably has a lot more. Any suggestions would be greatly appreciated.

2) Also, I think the e-test that he has done is fake since it doesn't show up on driveclean's website (it's been 2 weeks) . The history shoes two tests from last year, both of which failed. Can the dealer get in to trouble for getting a fake e-test certificate.

3) I did run a carfax report on the car before I bought it and carfax failed to show any problems in the car history (What a waste of 20 bucks). I heard that carfax has some sort of guarantee against their reports, what can I do about that?

[sportsfan99]

Buying used cars is a gamble.There is not alot you can do.

[jetway1212]

Buying used cars is a gamble.There is not alot you can do.

WTF are you talking about? If you can post anything useful then dont even bother.


Back to the topic, you still have legal option to do.

First if the info of history of the car (from auction) was not disclosed prior of the purchase, you can still sue them. Moreoever, the certificate is fake and you can prove it. I recommend you to file a claim to BBB and in the meanwhile file a small claim court at the city where the purchase took place.


Yes there are some changes now in used car business, you can use lemon law as well. But in this case i think you can just sue the dealer for scamming. Those dealers usually lost their license due to cases like this and i really encourage you to take the lawsuit.

I think you have lots of chance to win. Remember the sooner you file the claim the better chance you will win. Also have a trusty/independent mechanic who can provide you a fully report of the vehicle's condition.

This is not a private sale, and certainly not an "as-is" sale.

Good luck

[jason9945]

This is where I realized that the dealer had screwed me. The mechanics at Hyundai told me that the engine in the car was not the right engine (2.7Volts instead of 2.6 Volts) and was probably a scrapyard replacement, and there was nothing they could do to fix it. They said they wouldn't even accept a trade-in because my car was basically a piece of junk.

2.6L vs 2.7L you mean?


Take them to court? Contact that guy on the news who does the underdog stories? Fight them for sure!

[yatko]

Also contact APA

[aquariaguy]

OMG take them to court as soon as possible. Let us know how this story turns out. Good luck. Used car dealers suck!!

[jack_b27]

WTF are you talking about? If you can post anything useful then dont even bother.


Back to the topic, you still have legal option to do.

First if the info of history of the car (from auction) was not disclosed prior of the purchase, you can still sue them. Moreoever, the certificate is fake and you can prove it. I recommend you to file a claim to BBB and in the meanwhile file a small claim court at the city where the purchase took place.


Yes there are some changes now in used car business, you can use lemon law as well. But in this case i think you can just sue the dealer for scamming. Those dealers usually lost their license due to cases like this and i really encourage you to take the lawsuit.

I think you have lots of chance to win. Remember the sooner you file the claim the better chance you will win. Also have a trusty/independent mechanic who can provide you a fully report of the vehicle's condition.

This is not a private sale, and certainly not an "as-is" sale.

Good luck

Thanks... much appreciated!!!

I am meeting with the dealer again tomorrow to discuss another solution. If that doesn't work out I will definetly go to small claims court.

Btw - how does the lemon law apply in ontraio?

[nano]

Thanks... much appreciated!!!

I am meeting with the dealer again tomorrow to discuss another solution. If that doesn't work out I will definetly go to small claims court.

Btw - how does the lemon law apply in ontraio?

i think the lemon law only applies to new cars but i could be wrong..

[jack_b27]

2.6L vs 2.7L you mean?


Take them to court? Contact that guy on the news who does the underdog stories? Fight them for sure!

No actually it is a 2.7 L engine instead of 2.5 L. The 2001 Sonata V6 is a 2.5L.
2002 and newer models had the 2.7 L engine.

I know I got a more powerful engine but I don't know what kind of mileage it has (how can I find out??). What I am pretty sure of is that such "custom" installations usually result in all kinds of problems down the line === $$$ in repairs.

[ichpen]

No actually it is a 2.7 L engine instead of 2.5 L. The 2001 Sonata V6 is a 2.5L.
2002 and newer models had the 2.7 L engine.

I know I got a more powerful engine but I don't know what kind of mileage it has (how can I find out??). What I am pretty sure of is that such "custom" installations usually result in all kinds of problems down the line === $$$ in repairs.

Replacing engines is not all too uncommon even in new cars. I assume the replacement was done under warranty by Hyundai so I really don't see why Hyundai is telling you this is a piece of junk....

Unless the engine/car was not maintained under warranty conditions and as a result the engine blew.

[jason9945]

No actually it is a 2.7 L engine instead of 2.5 L. The 2001 Sonata V6 is a 2.5L.
2002 and newer models had the 2.7 L engine.

I know I got a more powerful engine but I don't know what kind of mileage it has (how can I find out??). What I am pretty sure of is that such "custom" installations usually result in all kinds of problems down the line === $$$ in repairs.

Not my point, you said volt instead of litre. But it doesnt matter now.

Get busy fighting them.

[dealhunting]

Replacing engines is not all too uncommon even in new cars. I assume the replacement was done under warranty by Hyundai so I really don't see why Hyundai is telling you this is a piece of junk....

Unless the engine/car was not maintained under warranty conditions and as a result the engine blew.

I don't think he bought the car from a Hyundai dealer. Probably one of those shady private used car lots. Also, a factory dealer would not be putting in used parts while the car was still covered under the factory warranty. If they did, they would not be a factory dealer for long....

Talk to a lawyer and get some sound legal advise before too much time has gone by....

[belgiangenius]

Would appreciate any help from fellow RFD'ers.

I bought a 2001 Hyundai Sonata from a dealer in Toronto with 90K kms on it + 2 years warranty. The body of the car looks brand new and so does the engine.

The car ran fine for a few days but then started to lose acceleration (power) and was basically unusable on highways, and wouldn't go past 70km/hr.

I took it back to the same dealer.. who fixed it, but same problem happened again the same day. Next, I decided to take it to a hyundai dealer (since I hoped that the car was still covered under Hyundai's 10yr 100,000 km warranty)

This is where I realized that the dealer had screwed me. The mechanics at Hyundai told me that the engine in the car was not the right engine (2.7Volts instead of 2.6 Volts) and was probably a scrapyard replacement, and there was nothing they could do to fix it. They said they wouldn't even accept a trade-in because my car was basically a piece of junk.

I took it back to the dealer.. got in to an argument, but he basically told me that it's not his responsibility since he only buys from auctions and resells.


My question is -- what can I do?

1) The dealer sold me the car saftied / and e-tested saying that it had 90k mileage. Now, I think that the body has 90k's and the scarpyard engine probably has a lot more. Any suggestions would be greatly appreciated.

2) Also, I think the e-test that he has done is fake since it doesn't show up on driveclean's website (it's been 2 weeks) . The history shoes two tests from last year, both of which failed. Can the dealer get in to trouble for getting a fake e-test certificate.

3) I did run a carfax report on the car before I bought it and carfax failed to show any problems in the car history (What a waste of 20 bucks). I heard that carfax has some sort of guarantee against their reports, what can I do about that?

Get a lawyer and sue him. You'll likely win. Or try small claims court.

This sounds to me like textbook misrepresentation. I think it's safe to say that when a car is presented as being in such great condition, you have the right to expect that it has the proper engine in it.

Oh yeah, and please post the name of this dealer for us.

[cluless]

Go back to the dealership and talk to them once more. If they still fail to acknowledge that anything's wrong, tell them that you will be taking legal action against them.

Make sure that you document everything, i.e, time and date and what the conversation was regarding.

Call up a couple of lawyers and ask for some advice. Usually the first consultation is free.

I had a friend that was sort of in a similar situation. His gf brought a 2001 Honda Civic from a dealership. One day, they were walking back towards the car parked in the parking lot and he noticed that there was a slight colour variation on the back by the fender and the rear window. He looked under the car and noticed the welds!?!? He bought the car back to the dealership and told them that there was something wrong with the car; pointed out the problems. The dealership "claimed" that they didn't know anything about the car. Long story short, the dealership replaced the car with a brand new one ...

Good luck and I hope your story has a happy ending.

[DragonZealot]

Go back to the dealer and ask for a full refund because of misrepresentation and failure of disclosure of the car. If dealer refused go to http://www.ucda.org and see if the dealer is a member of UCDA, if yes, use their mediation service.

If no, then go to http://www.omvic.on.ca/ to make sure the dealer is a registered vehicle dealer, if not, OMVIC will lay a charge on them. If they are registered dealer, complain to OMVIC about their business practice for possible violation of the code of ethics.

Settle with nothing else but a full refund.