View Full Version : lemon law please help :(


pennpen
01-01-2008, 09:03 AM
i bought a e36 2 days and its got issues, and i know it wont pass inspections, so i just sent the guy i bought it from a long email basically asking for a refund.

yah not fun to do.



i really dont want to get my lawyer on this, its only a grand but i could get a other car to fool with, maybe a e34, or a e30. ill stick to e36s that cost more then atleast 2.5k, maybe the touring was meant for me

downeaster1
01-01-2008, 11:57 AM
You didn't happen to buy an E36 Alpine White Touring did you? It might be our old one.

m3fuz
01-01-2008, 12:13 PM
E36t in the states? :eek:

I thought they were grey-market cars here.

pennpen
01-01-2008, 01:06 PM
no its black, but it has less miles on the clock then on the title, and when i take i it in to get the the chasis checked they check the mileage, fail right there

downeaster1
01-01-2008, 02:03 PM
no its black, but it has less miles on the clock then on the title, and when i take i it in to get the the chasis checked they check the mileage, fail right there

I'm not too sure how legal this is but can you just bump up the mileage? If your in need of E36 Touring parts, we have some stuff up here. Or if you want to sell it, I'd be interested.

After all, they are the most badass soccer mom cars on the planet.

tb0ne
01-01-2008, 02:52 PM
What did you pay for the car - $1000? If a dealer sells a car for over $700 dollars, it has to pass inspection. Private party may be different:

Private Party Sales:
The Used Vehicle Warranty Law applies differently to a vehicle purchased from a private party than it does if purchased from a dealer. Under the law, a dealer is anyone who sells four or more vehicles in a 12 month period.

The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle’s safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use.

Private parties are also bound by the Lemon Aid Law.

In all due respect, you bought an E36 for $1000 dollars. I'd be pissed if you came back at me with the lemon law looking for a refund. You get what you pay for - if it seems too good to be true, it probably is. You knew (or should have known) the mileage didn't match the title. Not trying to be a dick here, but really what did you expect?

pennpen
01-01-2008, 03:14 PM
but i wont be able to register it :(
heres number 8 of the lemon law

A private seller shall clearly disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. Failure to so disclose known defects shall entitle the buyer, within thirty days after the sale, to rescind the sale and be entitled to return of all monies paid to the seller less a reasonable amount for use as defined in clause (iv) of paragraph (A) subsection (3).
In any subsequent action by a buyer under this section, if the court finds that the settlement offer was unreasonable in light of the circumstances or that the private seller has otherwise failed to comply with the requirements of this subsection, in addition to damages, it shall award the buyer reasonable attorneys' fees and costs; if the court finds that the buyer's action was frivolous or not in good faith, it shall award the seller reasonable attorneys' fees and costs. It shall be an affirmative defense in any such action that an alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.i think not being able to use it legally counts as impairing its use, if i lived in ma i would be peachy kene but i dont

and its not like i waited 20 days its been 2, and i really feel like a douche bag about it

tb0ne
01-01-2008, 03:15 PM
but i wont be able to register it :(
heres number 8 of the lemon law

A private seller shall clearly disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. Failure to so disclose known defects shall entitle the buyer, within thirty days after the sale, to rescind the sale and be entitled to return of all monies paid to the seller less a reasonable amount for use as defined in clause (iv) of paragraph (A) subsection (3).
In any subsequent action by a buyer under this section, if the court finds that the settlement offer was unreasonable in light of the circumstances or that the private seller has otherwise failed to comply with the requirements of this subsection, in addition to damages, it shall award the buyer reasonable attorneys' fees and costs; if the court finds that the buyer's action was frivolous or not in good faith, it shall award the seller reasonable attorneys' fees and costs. It shall be an affirmative defense in any such action that an alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.i think not being able to use it legally counts as impairing its use, if i lived in ma i would be peachy kene but i dont

and its not like i waited 20 days its been 2, and i really feel like a douche bag about it

Chalk it up as a lesson learned, and fix it or sell the car for parts. You should recoupe at least most of your money. It's not worth pursuing.

pennpen
01-01-2008, 03:20 PM
i could part it out but thats not time i have, im 18, full time time college student with a crappy job.

m3fuz
01-01-2008, 03:21 PM
I wanna see pics of this thing - I may be interested in a winter project...

pennpen
01-01-2008, 03:29 PM
its still at his place lol the snow was to bad sunday and i cant find someone who can drive standard to help me, and i dont want to ask my friend who helped me sunday since he already helped me

m3fuz
01-01-2008, 03:31 PM
its still at his place lol the snow was to bad sunday and i cant find someone who can drive standard to help me, and i dont want to ask my friend who helped me sunday since he already helped me

For clarity's sake, this is an E36t, right?

pennpen
01-01-2008, 03:32 PM
i mean it has a new clutch, new timing belt, new power steering belt, new monroe front struts and some other stuff i forgot. i would keep it if it wasn't for the fact i wont be able to drive it in the state of ri, an i dont plan on moving to ma again just for a car

pennpen
01-01-2008, 03:33 PM
no its a normal e36, if it was a touring that would be amazing and i would keep it just to have it

tb0ne
01-01-2008, 03:35 PM
i mean it has a new clutch, new timing belt, new power steering belt, new monroe front struts and some other stuff i forgot. i would keep it if it wasn't for the fact i wont be able to drive it in the state of ri, an i dont plan on moving to ma again just for a car

You're being a little ridiculous here. These are all things your should have thought of before buying the car. IMO the seller is being a nice guy by letting you store YOUR car on his property since you can't drive it home.

Get the car towed, and fix the thing. You only bought it for 1000 dollars. If you can't afford repairs, sell the thing I'm sure you could $1000 bucks for it if it has the new parts you say it does.

m3fuz
01-01-2008, 03:36 PM
no its a normal e36, if it was a touring that would be amazing and i would keep it just to have it

:rofl

That's what I was thinking - keep it any cost. Oh well, good luck with it.

pennpen
01-01-2008, 03:37 PM
he drove MY car after i bought it to his place of work without telling me so when we got to his place it was gone. and had to wait for him, its a condo place it has a crap ton of parking

tb0ne
01-01-2008, 03:38 PM
he drove MY car after i bought it to his place of work without telling me so when we got to his place it was gone. and had to wait for him, its a condo place it has a crap ton of parking

Why does he have the keys?

pennpen
01-01-2008, 03:39 PM
he only gave me 2 keys which i thought were all the ones he had but i guess he kept one so he could go to work and since we told him what time we would be back he figured beat them back to my place and no one will know

djmatty
01-01-2008, 04:00 PM
I'm pretty sure you can fill out forms at the DMV that state that separate parts of the car that keep track of the mileage have different readings, and still get it registered. Then with that paperwork, and get an exemption for the mileage differences. Call the RI DMV next time they're open, and ask about it.

pennpen
01-01-2008, 04:04 PM
but i dont know which parts, he said the title was from his uncle so how many miles does this thing have? is it a newer instrument panel idk

i mean he should have told me that the car said it was less miles then it did on paper, i trust paper more in terms of car information

lotusTT
01-01-2008, 04:38 PM
Uhh where do you see that a car must display accurate mileage to pass an inspection i RI? I don't see anything about that on their website.

downeaster1
01-01-2008, 04:40 PM
Crap...I thought someone had another touring in the US. I've only seen 3 in the US, ever (ours included).

PMPNX5
01-01-2008, 05:00 PM
You can still reg it w/o actual mileage displayed. Just say the gauge died and you had to replace it. It's not like you're trying to hide the fact that it has more miles, you're being up front about it.

but i wont be able to register it :(
heres number 8 of the lemon law

A private seller shall clearly disclose to any prospective buyer, before the sale is completed, all defects the seller knows of which impair the used motor vehicle's safety or substantially impair its use. Failure to so disclose known defects shall entitle the buyer, within thirty days after the sale, to rescind the sale and be entitled to return of all monies paid to the seller less a reasonable amount for use as defined in clause (iv) of paragraph (A) subsection (3).
In any subsequent action by a buyer under this section, if the court finds that the settlement offer was unreasonable in light of the circumstances or that the private seller has otherwise failed to comply with the requirements of this subsection, in addition to damages, it shall award the buyer reasonable attorneys' fees and costs; if the court finds that the buyer's action was frivolous or not in good faith, it shall award the seller reasonable attorneys' fees and costs. It shall be an affirmative defense in any such action that an alleged defect does not impair the vehicle's safety, or substantially impair its use, or that it is the result of the buyer's negligence, abuse, damage caused by accident, vandalism or attempt to modify the vehicle.i think not being able to use it legally counts as impairing its use, if i lived in ma i would be peachy kene but i dont

and its not like i waited 20 days its been 2, and i really feel like a douche bag about it

If you're not used to this feeling, talk to SAB about it, he's a douche bag, and I'm sure he'd be more than happy to give you some pointers on making the most of your douchebaggedness.

:rofl:

pennpen
01-01-2008, 05:32 PM
what did SAB do?

hmm i guess i don't need to get the vin checked since its more then 10yrs old so they wont check the odo (they did on my mazda, bought it from a dealership in fall river)

but i still feel like he should have told me about the mileage. i guess ill keep it for now, maybe part it out later, still need to learn standard :(


can anyone drive stick? lol u never know, ill buy u lunch or dinner, i guess depends on the time. im a good person i just feel like a douche to the guy

M3vil
01-01-2008, 07:24 PM
its not hard to drive stick, and if youve never done it before, well its got a new clutch so you can afford some slippage as you learn. just be careful when you shift aka grinding gears.

and while were on this subject get it some place and maybe well swap tranny's :D. because personally my left foot falls asleep when i drive. its not used to not doing something.

pennpen
01-01-2008, 08:18 PM
im too use to it doing nothing lol thats y i kept stalling, im so use to being easy on the gas petal that i would stall

pennpen
01-01-2008, 08:34 PM
i think i should have gotten a auto again for now :(

djmatty
01-01-2008, 08:36 PM
You haven't exactly had the best weather to drive in lately.

pennpen
01-01-2008, 08:59 PM
or learn

yah im picking it up thursday right after the volvo guy comes, i guess im gonna have to ask my friend who helped me sunday to drive it 2 prov for me thursday

lotusTT
01-01-2008, 10:50 PM
So you didn't reply why you thought it won't pass inspection...

They might mark the title as incorrect milage, but that shouldn't stop you from getting it inspected or legally driving it.

pennpen
01-01-2008, 11:12 PM
oh i didn't see someone asked that, its missing the glass on the front drivers mirror, and i think the muffler popped off, im taking tools and some car ramps and doing some simple work on it to get it better

PMPNX5
01-02-2008, 08:19 AM
Where do you have to move it from?

tb0ne
01-02-2008, 11:36 AM
This thread is making me tired. So what did the guy say? Is he giving you a refund? lol

pennpen
01-02-2008, 12:59 PM
no, i went to see it this morning and i guess i really didn't look at it sunday that well, its nice im keeping it (well for 1k its nice), i paid him 20 bucks and he drove it to norton where my friend lives and where its quite and i can learn standard tomorrow. forgot to take pics (again i know) when i go tomorrow im gonna take a crap load of pics.

its slow, i was driving in front in my mazda and i had to slow down for it :( i guess i can live with that considering its only a 1.8 liter 4cyl car ( even though my aunt hyundai accent was a little "peppy" when i drove it)