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Lawsuit or not?


Bucnasty
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So I took my car to the shop today to get the muffler fixed, as it was hanging down and hogging my gas.

So they looked at and discovered it was missing a catalytic converters and was going to cost almost 350 to fix the whole thing (was going to cost almost 800 but got the cheapest stuff put on).

My question is, the car lot sold me this car without a catalytic converter on it. Is that illegal and would I have a case against them?

I've called the BBB and they told me to call the attorney general because they "didn't know" and its going to be near impossible to get a hold of the attorney general.

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So, we're talking about a used car lot, right? Was there a sign that read "As Is" on the car when you bought it? Was there a detailed list everything that was being sold to you? A complete breakdown of all the parts? Did they advertise that the car had been completely inspected, front to back, top to bottom, side to side, when they sold it to you, and if so, did they include a detailed list of their findings when they sold you the car? Did you get a Carfax report on the car before you bought it? Really not sure if any of this would help you anyways, but I thought they all sounded like impressive questions that might actually make me sound like I knew what the **** I was talking about... :P

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So, we're talking about a used car lot, right? Was there a sign that read "As Is" on the car when you bought it? Was there a detailed list everything that was being sold to you? A complete breakdown of all the parts? Did they advertise that the car had been completely inspected, front to back, top to bottom, side to side, when they sold it to you, and if so, did they include a detailed list of their findings when they sold you the car? Did you get a Carfax report on the car before you bought it? Really not sure if any of this would help you anyways, but I thought they all sounded like impressive questions that might actually make me sound like I knew what the **** I was talking about... :P

:lol: :lol: :lol:

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Unless you can prove that there was no catalytic converter... which you can't really, then no. The time and money it would cost to do this probably would exceed the $350 it cost to do this. Best thing you can do is goto them directly with the receipt, tell them the situation, and let them know you want the $350 it cost to fix it.

If they refuse, then refuse to buy from them, and let anybody and everyone you know from the area about their shady practices. Word of mouth can hurt more than taking them to court.

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Unless you can prove that there was no catalytic converter... which you can't really, then no. The time and money it would cost to do this probably would exceed the $350 it cost to do this. Best thing you can do is goto them directly with the receipt, tell them the situation, and let them know you want the $350 it cost to fix it.

If they refuse, then refuse to buy from them, and let anybody and everyone you know from the area about their shady practices. Word of mouth can hurt more than taking them to court.

Well to prove there was no catalytic converter isnt hard, I sure as **** didnt take it off and where the converter was suppose to be was just a straight line pipe welded to the other pipe

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Well to prove there was no catalytic converter isnt hard, I sure as **** didnt take it off and where the converter was suppose to be was just a straight line pipe welded to the other pipe

While that is true, legally the "I didn't do it" stance won't work. Here in NC there was a group of people that were going into parking lots and stealing catalytic converters because they were a quick steal, and sold relatively well. The dealership could always go with that defense. In the mean time, I would call the dealership owner, don't talk to any employee except the owner.

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WHO inspected the car? you know for emissions, if it was the dealer that put the fresh inspection on the vehicle before you bought it, you might have a leg to stand on, but used vehicles are a perilous prospect. Since the cost to repair is so minimal, no lawyer will take the case, unless there is a treble damages clause applicable in your state. even then its highly doubtful. But that is why many jurisdictions have small claims court. It is the peoples court, very user friendly and is there for claims so small as this. Before you threaten to sue them, see if you can work it out with them, you might have to eat some of the cost, but before you file a claim in small claims find out how much the suit costs (filing fee and service) and time you have to take off work vs a mitigated settlement with the dealer (if they will pay some of it instead of all)

Lastly a used car comes with few if any warranties outside of the ones given by said dealer.

I personally wouldn't sue, but would learn from your oversight and remember get a carfax and pay a reputable mechanic to inspect the car. Either of those options might have saved the headache and some money!

best of luck!

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WHO inspected the car? you know for emissions, if it was the dealer that put the fresh inspection on the vehicle before you bought it, you might have a leg to stand on, but used vehicles are a perilous prospect. Since the cost to repair is so minimal, no lawyer will take the case, unless there is a treble damages clause applicable in your state. even then its highly doubtful. But that is why many jurisdictions have small claims court. It is the peoples court, very user friendly and is there for claims so small as this. Before you threaten to sue them, see if you can work it out with them, you might have to eat some of the cost, but before you file a claim in small claims find out how much the suit costs (filing fee and service) and time you have to take off work vs a mitigated settlement with the dealer (if they will pay some of it instead of all)

Lastly a used car comes with few if any warranties outside of the ones given by said dealer.

I personally wouldn't sue, but would learn from your oversight and remember get a carfax and pay a reputable mechanic to inspect the car. Either of those options might have saved the headache and some money!

best of luck!

We dont have emissions checks here, im pretty sure that tampering with these type things are steal illegal but I was just seeking advice. I'll try getting a hold of the car lot tomorrow. All i really want paid is the price of the converter the rest was gonna need fixed anyways but the converter cost me almost 250 dollars more than it should of. Midas is the one who replaced and fixed it.

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