Tag Archives: lemon cars

Federal Trade Commission — private car sellers often give “more reliable information” than auto dealers

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We now have an official answer to the age-old question: Are you more likely to be misled if you buy a car from a private individual or from a used car dealer? Obviously, dealers want you to buy from them — and these days, they are boasting about their record profits.

But — auto sales remain the leading cause of consumer complaints to state and local consumer protection agencies. Year after year, new and used car dealers also rank #1 among the most-complained about businesses, in terms of consumer complaints to the Better Business Bureau.

To top it all off, the leading federal consumer protection agency for America’s car buyers recently stated flat-out that you’re more likely to get accurate information about a used car’s history when you buy a car from another consumer, rather than a used car dealer.

Here’s what the Federal Trade Commission stated:

“The Commission concluded that the [Used Car] Rule should not extend to private or casual sellers of used cars because the record failed to support a finding that deceptive sales practices were prevalent in private sales. The Commission noted that in private sales, prospective customers often receive more reliable information about mechanical condition than they do from dealers…” **

    ** Federal Register, Vol. 77, No. 242, Dec. 17, 2012, pages 74761-74762.

Of course, you still have to be on the lookout for “curbstoners” — dealers masquerading as consumers. Be sure to insist on seeing the title and registration, and past work orders from repairs, and make sure that the names on the documents match the seller’s name.

And ALWAYS, ALWAYS insist on getting the car inspected by an independent, reliable, trustworthy mechanic / body shop of YOUR choosing, before you buy. A good place to find an expert to perform the inspection? Car Talk’s Mechanics Files.

It’s a good idea to also check the National Motor Vehicle Title Information System and other vehicle history services before you buy. The more you know, the better. NEVER trust a car dealer to tell you the truth about a car.

Twelve tips for consumers on how to buy a safe, reliable used car — without being cheated by a shady car dealer:

CARS’ Twelve Tips for Used Car Buyers

Happy, safe car buying and Happy New Year!

Buyer Beware: Auto dealers selling unsafe, recalled cars — without fixing them first

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One of the reasons many car buyers purchase used cars from an auto dealer is to get a car that they think is safer. But are they really safe? Not necessarily. Each year, millions of used cars are sold, without the safety recall work being done. Many are being sold by so-called “reputable” auto dealers.

The harsh reality — dealers are prohibited from selling NEW cars that are under a safety recall, but are exploiting a loophole in federal law that allows them to sell USED cars that are under a safety recall, without fixing them first.

Their excuse? They don’t want to bother to take them out of service as loaner cars, or to another dealer, for FREE repairs. After all, that might cut into their profits or be inconvenient.

Never mind the fact they are putting their customers’ lives in jeopardy. And also creating a hazard for other motorists who share the road with the unsafe, recalled cars. This excuse is especially lame, since the repairs are FREE.  By federal  law, the auto manufacturers must pay for the repairs, in full.

According to a report issued by the non-partisan Government Accountability Office, car dealers’ sales of unrepaired, recalled cars is a serious problem that urgently needs to be addressed.

In the wake of the Toyota recall scandal, and in reaction to the GAO report, Congress attempted to require auto dealers to fix recalled used cars before selling them to the public. But under pressure from the powerful auto dealer lobby, that provision was stripped from the national auto safety bill that finally passed.

Tragically, unsafe, recalled cars continue to put unsuspecting car buyers and their families at risk. One investigation by highly respected consumer reporter Joe Ducey, Channel 15 in Arizona found dozens of recalled cars for sale on the lots of major auto dealers:

Cars with unrepaired safety recall issues sold from Valley car lots

Don’t fall prey to this dangerous scam. Be aware you can’t rely on auto dealers not to sell or rent an unsafe, recalled car. In fact, the powerful auto dealer lobby is actively pushing in Congress to keep on putting their customers’ lives in jeopardy. So far, they have prevailed.

Were you sold an unsafe, recalled car by a dealer? If so, CARS wants to hear from you. The only way this reckless policy will stop is when people like you speak up and the truth gets out.

Contact CARS

Meanwhile, here are 11 top tips from CARS, for how to buy a safe, reliable used car — without even having to step foot on a car dealer’s lot:

How to buy a safe, reliable used car — without getting ripped off

 

Buyer Beware: Flood cars from states hit by Hurricane Sandy

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WARNING!!

Tens of thousands of flood cars that have been submerged in salt water, and contaminated by bacteria and various toxins, will soon start to appear all over the country, even in states far from the center of the storm.  Flood cars are inherently unsafe, and pose a serious risk to anyone who drives them, rides in them, or even just comes into contact with them.

Flood cars are basically rotting from the inside out. The electronic / computer systems, which control everything including the brakes, engine, air bags, and other major safety systems, are hopelessly compromised and will inevitably corrode and fail, over time.

Bacteria, mold, and other contaminants can cause serious or fatal health problems, particularly among children and adults with asthma and people with allergies or compromised immune systems.

Tips for consumers — how to avoid flood car scams:

  • Be on the lookout for both new and used cars with tell-tale signs of having been submerged — musty smell or “over-perfumed,” silt in places like under carpeting, in the well where the spare is stored, or title histories indicating the car was in the flood area

 

  • Check federal database of total loss carsprior to purchase (this is the official website for the National Motor Vehicle Title Information System, established by the US Dept. of Justice, where insurers, self-insured entities, salvage pools (auctions), and junkyards in all 50 states MUST report all total loss vehicles, within 30 days — many report daily)

 

  • If the vehicle is relatively new, or still within the factory warranty period, get the VIN number and call the manufacturer to ask if they will honor the warranty — if it’s a flood car, they won’t honor the warranty, even if it’s new. Insist on getting confirmation in writing that the manufacturer will honor the warranty, before you buy.

 

  • Keep in mind that a “clean” title is not an indication the car is OK — many cars have had the titles “washed” to remove the “flood” car brand, and many states don’t even have a “flood” car designation. Plus some insurers have admitted routinely failing to properly brand titles — increasing the price the car can command at auction, by making it easier for unscrupulous sellers to hide the car’s checkered past.  This is one reason NMVTIS is so valuable for consumers — total loss vehicles MUST be reported to NMVTIS, even if the titles have never been branded, or if they have been “washed.”

 

  • Get any car inspected by a trustworthy auto technician — for example, one who gets consistently high ratings in Car Talk’s Mechanics Files — before you buy

 

  • Test drive the car before you buy — be watchful for signs the car is hesitating, running rough, smells musty, has tell-tale signs of silt or premature rust in places where you wouldn’t expect to see rust

 

NEVER, EVER buy a car sight unseen, without an inspection and test drive. If you are interested in a car you found over the internet, buy locally and go check it out in person, in a safe, public place, during daylight hours.  It the seller claims they are the owner, make sure they show you the work orders from the repairs they had performed, and confirm the name on the work orders matches the name on the registration and title.

 

Car Dealer Arrested by Federal Agents

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The former owner of a Suzuki dealership in South Carolina and eight of his former employees have been indicted and are facing federal charges. Prosecutors say they used deceptive advertising that promised low monthly payments to entice customers to buy new cars.

According to the charges that were filed, the deceptive advertising and sales scheme occurred from 2006 through August, 2008.

In TV and radio ads, plus direct mail to consumers, Gibson and his co-defendants allegedly lured customers into buying cars, promising them very low monthly payments — usually between $44 and $99 — and here’s the kicker — at the end of several months, they could trade in the car for new one, at no additional cost.. However, when the “promotional period” ended, the customers’ payments skyrocketed. They were also not allowed to swap cars. Thus, they were trapped with high payments that busted their budgets.

According to a news report in the South Carolina Herald-Journal, “one couple bought a Suzuki in March 2007, [and] agreed to make monthly payments of $47 and were soon slapped with demands for $509 a month to keep their sedan.”

Under a court order issued in 2009, dealership customers divided $2.7 million in funds established by American Suzuki Motor Corp., lenders and the company’s insurance carrier.

Assistant U.S. Attorney David Stephens is prosecuting the case with the assistance of the U.S. Postal Service and the FBI.

Read more:

Spartanburg, SC Herald-Journal, Sept. 14, 2012