wolfhound Posted July 19, 2010 Author Share Posted July 19, 2010 i'm still waiting on word from Mr. Carsalesman. bump for positive vibrations Quote Link to comment Share on other sites More sharing options...
bheinen74 Posted July 19, 2010 Share Posted July 19, 2010 much to learn in this thread. I am fairly sure this has and will continue to happen. keep us up to date, or we will have to send a guido down to deal with this guy...hope he treats you right. Quote Link to comment Share on other sites More sharing options...
The Dude Posted July 19, 2010 Share Posted July 19, 2010 Don't feel like the Lone Ranger, Wolfhound. There have been TONS of posts on this board where people have bought used Subarus, particularly with the 2.5L DOHC engine, and then found out they had blown head gaskets a day or two later. It is far from a rare occurance. More than one person found out they had blown gaskets on the car they just bought from a used car dealer on the way home. So, they have the car towed home, but the tow truck driver tows the car by the front or rear wheels. Now, the poor schlub has a car with blown head gaskets AND a destroyed automatic transmission. Like I say, this has happened more than once. Anyway, if the only thing wrong with your car is blown head gaskets, it's not a huge deal. I've made my share of mistakes, and I'm still here to tell the tale. I hope that the used car dealer helps you out. But used car dealers are not usually renouned for having hearts of gold. Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 19, 2010 Author Share Posted July 19, 2010 he was supposed to have the car towed to memphis today to have his mechanic work on it and have it back to me by wednesday night. instead, i called him at 1230 and he still hadnt contacted his mechanic. this has quickly turned into a learning experience from hell. if he doesnt make this right i may have to turn Gonzo on him, show up at his dealership everyday and tell customers my story until something happens. i.e. me likely getting arrested. i have the strangest feeling that no matter what i do i will not win. the system is not set up for citizens and consumers, rather it is set up for those that already have money to continue getting more by any means possible. Quote Link to comment Share on other sites More sharing options...
GeneralDisorder Posted July 19, 2010 Share Posted July 19, 2010 (edited) Well - that's a hard lesson, but good for folks reading the thread. Basically you're are going to get hosed. If I were you - I would buy the parts and do the work myself. There's got to be someone you know that can lend a hand or offer some garage space, etc. Do some leg-work but get far, far away from this shady dealer. NEVER buy a car from a used car dealer. Period. That's a golden rule that I never break. I can tell you about many cases where people I have personally talked with about buying a car have then gone out against my advice and bought a POS from some shady lot. If you must buy a used car the FIRST place to shop is craigslist (used to be the local paper) and buy something from the owner. Used car dealers are just middle-men. They never have your intrests in mind nor will they have your back when something goes south so what's the point? I can get a car with no gaurantee from the guy that was driving it to work every day last week till his situation changed and it went up for sale. He makes more, you get a better deal..... all around it's pretty much a win/win to just buy from a private party. You get to look the owner in the face - what type of person is that owned this car? Clean/Dirty? Do they look like they can even afford maintenance let alone care enough to do it? I haven't set foot on a used car lot in many, many years and I don't plan to for the rest of my days if I can help it. Neither has any of my immediate family and frankly I have one of the most trouble-free fleet's of anyone I know. Sure I have to do a little work here and there - maintenance mostly. But I directly service and maintain over a dozen cars and trucks just in my immediate family and I average maybe one AAA tow call every three to five years (excepting when I call for them to pickup something I've purchased that can't be driven ). Things break - it's going to happen and I can't stop it - but a careful choice made early in the purchase process can avoid a big nightmare down the road. GD Edited July 19, 2010 by GeneralDisorder Quote Link to comment Share on other sites More sharing options...
The Dude Posted July 19, 2010 Share Posted July 19, 2010 (edited) Wolfhound, check out the used car dealer AND his repair shop with the BBB and the state attorney general before you go any further. Your car is going to be towed 90 miles and out of state. That could make things a lot tougher if anything goes wrong with the repair. Once again, if you don't trust the dealer, why would trust his repair shop? Who's paying for 3 hours of towing? Who's paying for the repair? What happens if a repair shop in Tennessee puts a mechanic's lien on your car? You better know just how deep this cow pattty goes before you step in it. Edited July 19, 2010 by The Dude Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 21, 2010 Author Share Posted July 21, 2010 ok, so now the man is ignoring me all togther. does anyone have any suggestions on what i can do now? i will be filing a report with the BBB of Arkansas but i doubt anything will come of that. I have also considered taking him to small claims court to sue him for the cost of repairs. In order to do this i need to speak with an ASE certified Subaru mechanic and get a written report concerning the problem. As this is a common problem with the 2.5 engine it would be excellent if a mechanic would take my side stating that the problem is in fact typical and that since the coolant was low when i purchased the vehicle and there was also a misfire (due to water being in the cylinder at start up) that the problem was preexisting. Does anyone know of a certified subaru mechanic with a good heart that would be willing to at least speak with me over the phone about the problem and possibly give me a written statement that would hold up in court? Has anyone ever taken someone to small claims? What was the outcome? help me out here! Quote Link to comment Share on other sites More sharing options...
The Dude Posted July 21, 2010 Share Posted July 21, 2010 (edited) Again, how much did you pay for this car? What is model, model year, and mileage? I am asking for a reason. Did you pay a full "retail" price for this car? Or, did you get pay significantly less than full retail, and accept an "as is" purchase agreement as part of the deal? You don't have a lot of consumer rights in Arkansas. The dealer is ignoring you, because he probably can. If you paid full retail price and the dealer "pressured you" or "mislead you" into signing an "as is" purchase agreement, you might have a case. The judge MIGHT take pity on a young, inexperienced guy who paid full retail for a used car and was "mislead" into signing an inappropriate "as is" purchase agreement. Other than that, you probably don't have much of a case. If you don't want disclose the details surrounding the purchase, I'm sure someone else on the board will be happy to help you. BTW, I sued a repair shop over a rebuilt engine in a SC Small Claims (Magistrate's) Court and won. Victory is sweet. Good luck. Edited July 21, 2010 by The Dude Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 21, 2010 Author Share Posted July 21, 2010 Again, how much did you pay for this car? What is model, model year, and mileage? I am asking for a reason. Did you pay a full "retail" price for this car? Or, did you get pay significantly less than full retail, and accept an "as is" purchase agreement as part of the deal? You don't have a lot of consumer rights in Arkansas. The dealer is ignoring you, because he probably can. If you paid full retail price and the dealer "pressured you" or "mislead you" into signing an "as is" purchase agreement, you might have a case. The judge MIGHT take pity on a young, inexperienced guy who paid full retail for a used car and was "mislead" into signing an inappropriate "as is" purchase agreement. Other than that, you probably don't have much of a case. If you don't want disclose the details surrounding the purchase, I'm sure someone else on the board will be happy to help you. BTW, I sued a repair shop over a rebuilt engine in a SC Small Claims (Magistrate's) Court and won. Victory is sweet. Good luck. its a 2003 baja. i paid 6800 for the vehicle and was very much pressured into buying it. This is the first time ive purchased a vehicle from a car lot. It has 108k miles on it and i did sign an "as is" agreement. however, i spoke with the state about the purchase and the lady i spoke with said that if i can prove they mislead me about the condition of the car i may have a case. that is why im trying to find and ASE certified mechanic that is informed on this particular issue. my case is that because there was a misfire when i purchased it and because there were coolant issues the problem was preexisting. when i asked them about the problems they said it was mostly like caussed by a spark plug and when asked about the coolant being low they said it was typical on this car because the coolant gets pumped out of the radiator into the resevoir... they lied to me and i cant take this lying down. this is bull************. why is there no protection agaisnt this kind of bull************? someone please get me in contact with an ASE certified Subaru mech so i can get something figured out before i pull all my hair out and lose my mind. Quote Link to comment Share on other sites More sharing options...
GeneralDisorder Posted July 21, 2010 Share Posted July 21, 2010 when i asked them about the problems they said it was mostly like caussed by a spark plug and when asked about the coolant being low they said it was typical on this car because the coolant gets pumped out of the radiator into the resevoir... The proper reply to those claims is "prove it". They say it's "most likely" something simple - well then how about you FIX it before I buy it since you already know what's wrong...... . I mean... .really?!? They can't install a $10 set of plugs to make a sale? I'm walking if that's the case...... Coolant does get pushed into the overflow - but the radiator is ALWAYS full. The coolant expands as it is heated. Air space in the radiator is impossible under normal conditions. If it is low then there's a problem - period. If this were a car designed without an overflow they would be correct. There will be air-space to allow for expansion. But that style system hasn't even been legal since the '80's. They lied - and you may have a case because of that. But at the same time you as a consumer need to be skeptical of claims made by people that want your money. As Bill Jones says - "It is Immoral to let a sucker keep his money"...... don't be a sucker! The best way to get back at them is to drive away future customers - tell everyone and if you have nothing better to do - hold a sign out in front of their lot . Legal action may be warranted as well but won't hurt them as much as bad publicity. Call the local TV stations and see if they will do a public intrest peice on it - you might be able to find other folks with poor experiences there if you do the sign-holding bit. If you really plan to pursue legal action agains these people then you will be best served by getting a repair diagnostic at the Subaru dealer. They will have ASE certified folks there. Tell them your situation and if they need to charge you $100 for the diagnostic, etc then that can be added to the legal fees, etc. GD Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 21, 2010 Author Share Posted July 21, 2010 GeneralDisorder, i like this idea. What should the sign say? Quote Link to comment Share on other sites More sharing options...
The Dude Posted July 21, 2010 Share Posted July 21, 2010 (edited) You paid substantially less than retail, $10,500, for this car. The dealer could probably make the "as is" purchase agreement stick. Also, to be successfull in court you have to prove that the dealer knew that the head gaskets were bad and WITHHELD that information from you. That's a pretty tall order. It's not enough to prove the head gasket are bad, to prevail you have to prove: 1. The dealer knew that the head gaskets were bad, and 2. He hid that information from you. If you had a witness when the dealer said that he "used the car as a daily driver", you might have chance at a case. That statment might be taken as attesting to the fitness of the vehicle. If the head gaskets are the only problem with this car, you're still not badly off. A dealership will likely charge $1,200-1,400 for the repair. If you have a buudy who's good at wrenching you might get away with a couple of hundred in parts. ALERT ALERT ALERT:eek: You know that the timing belt was due for replacement at 105,000 miles, right? You must be absolutely positive that the timing belt was replaced, or have it done REAL SOON. A failed timing belt could trash your whole engine, and make your head gasket problems seem like small potatoes. Edited July 21, 2010 by The Dude Quote Link to comment Share on other sites More sharing options...
GeneralDisorder Posted July 21, 2010 Share Posted July 21, 2010 GeneralDisorder, i like this idea. What should the sign say? "Ask me about the way I was treated at ______ used car's" Wear nice clothes - look like an upstanding citizen. Print some flyers with a picture of the car you bought, a picture of the salesman, and a description of the way you were treated. Be polite, don't be loud, but DO talk to passers-by. Be brief - hand them a flyer and urge them to think twice about shopping there. GD Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 21, 2010 Author Share Posted July 21, 2010 good idea. things look bleak, but at least there is action to be taken. Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 21, 2010 Author Share Posted July 21, 2010 how do you feel about "ask me how bad my ********************* hurts after buying from nettleton auto sales!" Quote Link to comment Share on other sites More sharing options...
nipper Posted July 21, 2010 Share Posted July 21, 2010 Paying less then the bluebook means that the dealer was tyring to get rid of the car. Sit down with a lawyer and see what he says. Sometimes for the price out at a bar you can get a legal letter sent to the dealer and see if that stirs things up. Quote Link to comment Share on other sites More sharing options...
The Dude Posted July 21, 2010 Share Posted July 21, 2010 Make sure you know what constitutes slander, libel, and deflammation of character under Arkansas law. You don't want this guy slapping you with a lawsuit. If you can't prove it in a court of law, you'd be better off not saying it in public. I'm sorry, I believe that this guy may have taken advantage of you. But chose your fights carefully. Never start a war unless you are sure that you will win. In some respects, legal action is pretty close to going to war. Quote Link to comment Share on other sites More sharing options...
GeneralDisorder Posted July 21, 2010 Share Posted July 21, 2010 Make sure you know what constitutes slander, libel, and deflammation of character under Arkansas law. You don't want this guy slapping you with a lawsuit. If you can't prove it in a court of law, you'd be better off not saying it in public. Yep - just state the facts and let people decide for themselves. Don't use foul language either. Just state what you bought and when - how it was represented, what you actually got, and what they *haven't yet* done to make it right. Don't make any claims of mis-representation or attack the owner's/salesman on a personal level. Just state the facts of the case. People can infer from the the sign and the flyer that you are not pleased and will be able to read enough between the lines to get the gist of what they are doing to you. Sometimes it is better to let people's imaginations fill in the blanks for you - they will do a better job of it than you can legally do without slandering someone This place doesn't *have* to help you fix it. You bought it as-is. But that doesn't mean you can't make them *want* to fix it to get you off their sidewalk and driveing away their customers. . Just because they don't have to do anything by law doesn't mean they won't want to shut you up. Justice doesn't have to come at the point of a gun. They are greedy and self-interested so you have to play their game. Give them the reasoning they desire to help you. GD Quote Link to comment Share on other sites More sharing options...
wolfhound Posted July 26, 2010 Author Share Posted July 26, 2010 i made a sign today that said "Ask me why im dissatisfied with Nettleton Auto Sales", and sat in front of their store playing my guitar and singing bob dylan song, flashing my sign...... within 15 minutes the sales manager came out to talk to me. After insisting that he'd been working very hard to get the problem fixed i told him not hard enough for me to be satisfied. He agreed to have a reputable shop nearby fix it and pay for the costs. Great victory. Thanks for all the help, gentlemen! Victory! Quote Link to comment Share on other sites More sharing options...
Olnick Posted July 26, 2010 Share Posted July 26, 2010 Way to go, wolfhound! You've got what it takes! Quote Link to comment Share on other sites More sharing options...
brat82 Posted September 6, 2010 Share Posted September 6, 2010 Wolfhound, did this problem get fixed to your satisfaction? Quote Link to comment Share on other sites More sharing options...
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