"as-is" warranty

subzero89

Seasoned Expediter
I am looking for some opinions on what my options are here. I just purchased a 2007 Ford F650 24' Straight Truck that of course was sold with an "as-is" warranty in Cleveland, OH. I was told the truck was completely checked out by the dealer before it was sold. On my very first trip that same day, I pulled into a rest stop in Milwaukee, WI and the truck would not start again. I had it towed to a repair shop where I was told the ECM module needed replaced at a cost of $3,100. I first called the bank to see if my $2,000 check was cashed and it already was that same day also (of course!). I was also sold this truck when I was told the 2006 Ford F650 that I was interested in was already sold. Yet, two weeks later it is still on their website and the truck they sold me is gone. Even though it was an "as-is" warranty, I am not paying for this truck and feel I can sue for my $2,000 deposit because I feel they knew something was wrong with it when they sold it to me from what I stated earlier about selling me a different truck when the one I wanted was SUPPOSEDLY SOLD. By the way, they offered to pay 1/3 of the repair bill which I said was totally unacceptable. I would think there is a Lemon Law or Consumer Protection Act that would come into play here. I mean it was the SAME DAY" I pulled off the lot with it. Also, they claim every used truck goes through a complete inspection before it is sold.
 

BobWolf

Veteran Expediter
Owner/Operator
Sorry to hear abbout your problem but I have to play devils advocate.

As Is means exactly that, if it breaks too bad, If you sign the bill of sale and/or contract saying as is you own the problem. Lets just say they scanned the ECM most dealers dont If the computer is doing its job even if there is a problem you might not have a code I had a fuel injector, and my ECM had problems and no codes and no other signs. Electrical problems, especialy ECMs crapping out comonly happen without warning.
I recomend you take the offer, 1/3 of the bill if the dealer is still willing to do it because I would consider that exelent service on the dealers he is trying to make it better within reason considering you bought it AS IS.
Get it repaired and go to work Have a mechanic totaly inspect the truck and if it looks like its going to be a money pit try to sell it.
 

SHARP327

Veteran Expediter
Some times the buyers remorse clause works...don't quote me on this but sometimes you can opt out of a purchase or contract if you do it in a hurry (3 days comes to mind) by sending the other party a certified letter stating to cease all dealings etc. etc....or just take it back before 3 days and tell them you changed you mind.

It worked for me when I almost purchased replacement windows for my house and found out the company was a rip off.

good luck!
 

zorry

Veteran Expediter
The 1/3 is reasonable for an as-is purchase.
I recently lost an ecm. Same deal,shut the truck off and it didn't start.
I'd take the money before the dealer changes his mind.
You had the chance to say no when you first choice was unavailable. You decided to buy this truck.
I agree with Bob,get it checked out,see what you've got,and move forward.
Good luck.
Look at the bright side. You bought a truck as-is and the dealer is willing to help alittle. There are threads on here talking about people buying trucks with a warranty and the dealer doesn't want to pay anything.
Your dealer might be better than you think.
 

xiggi

Veteran Expediter
Owner/Operator
There is no lemon law on commercial vehicles except for one or two states. Sorry you are having bad luck. You really need to get it fixed and move on. The only hope which would be a samll one to get the dealer to refund you would be a lawyer. You could spend more than the repair and still have a broke down truck.
 

Monty

Expert Expediter
Take the advise offered above. "As is" means the dealer has zero legal reason to help you at all. It's nice they are making the good faith effort.

ECM's can, and do, go out for no reason at all!
 

Turtle

Administrator
Staff member
Retired Expediter
If you were told the vehicle had been inspected by the dealership and had been found to have no mechanical problems or deficiencies, that does not create an express or implied warranty, because the car was sold with a written As-Is No-Warranty disclaimer. However, an "as is, no warranty” provision is inconsistent with a claim that the dealer provided an oral warranty that the vehicle is free of mechanical problems, because a vehicle with a warranty cannot be sold as is. If the vehicle wasn't thoroughly inspected, or if it was inspected and not all problems were fixed, then the dealer may be found to have fraudulently represented the vehicle as being in good mechanical and electrical condition. It's not a question of "as is" as much as it is a question of fraud. Nearly every state has consumer protection laws for this kind of thing.

When you buy something "as is, no warranty", then it has no warranty. But if they tell you that it's in good working condition and that it's been inspected, then you you are buying the vehicle based on that claim, and if it's a false claim, it's fraud.

The buying of a different vehicle that you were initially interested in is irrelevant, unless you can show they intentionally steered you towards a vehicle they knew was defective. Ohio's Lemon Laws only apply to cars, light trucks and motorcycles, but fraud applies across the board.
 

mjmsprt40

Veteran Expediter
Owner/Operator
How much of an inspection? "It came in under its own power, the lights work, when we step on the brakes it stops---" is a whole different thing from a complete mechanical inspection. I've bought a couple of vehicles "as is", and when you buy an older vehicle with lots of miles on it, the kind of "inspection" many used car dealers give their vehicles leave something to be desired.
 

BobWolf

Veteran Expediter
Owner/Operator
I took a look at the paperwork when I bought my truck. Most dealers use a uniform used vehical warrantee certifracates they typicaly have two options this can varry state to state so dont quote me. AS IS and 30 DAYS LIMMITED.

AS IS.
To the best of the dealers knowlege the vehical is drivable and safe. It ran under its own power when he put it up for sale and you bought it, No coverage for repairs.
YOU OWN IT.

30 days limmited usualy covers major items like engine blocks, transmission casings, and axle housings. Any guts and parts are listed and to what extent they will pay.
As for implied warrantees they are next to imposiable to enforce if they are not written down.

Good Luck thats enough out of me.....
Bob Wolf.
 

zorry

Veteran Expediter
Thinking of what a complete inspection would be on an "as-is" truck.
Probably a simple DOT inspection;tire,brakes,lights,etc. they'd want it to be legal when you left. They could then repair,or notify you of any defects found.
That's all I'd expect out of an "as-is" vehicle.
 

chefdennis

Veteran Expediter
Take their offer of a 1/3 and dont look back...you aint goin to get anything more...and you own the truck as it is...broken...
 

beachbum

Veteran Expediter
Owner/Operator
This is a lesson for all new buyers out there if its a as-is warranty take the vehicle to someone else to be inspected before buying. Does what I say mean anything when it comes to a vehicle breaking down in the first day nope, happens all the time.
 

subzero89

Seasoned Expediter
Well, they agreed to pay $2,500 of it and I agreed to pay $400. They discounted it to $2,900. So it worked out.
 
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