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NFT: Got sold a lemon

JD in NC : 2/12/2016 7:11 pm
I recently became in need of a cheap car after my roommate wrecked my previous vehicle. Bought a 1999 Nissan Maxima SE yesterday, and after I got it home, it hasn't started since. I was assured there were no mechanical issues with the vehicle and it had passed inspection in August. I informed the seller within 8 hours of the purchase and was told she would not accept a return of the vehicle, that she ha never had this issue, and takes no responsibility.

Am I taking it up the ass on this one, or do I have any course of action I can pursue legally? I would really appreciate any advice I can get, I do not make a lot of money and I spent my entire savings on this vehicle. Thanks in advance.
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Most states have a lemon law but I don't know much about them  
AP in Halfmoon : 2/12/2016 7:14 pm : link
I'm selling my son's 2005 Camry. It's in great shape. He just bought a new Civic so this is for sale. It's at my office in Albany.
You bought used car that's 17 years old  
JoeyBigBlue : 2/12/2016 7:16 pm : link
That's an as is sale unless you have paperwork saying otherwise. I hope you know a good mechanic, cause you really don't have any options.
Every state has their own version of lemon laws  
Ben in Tampa : 2/12/2016 7:16 pm : link
but I'm not sure what the deal is for private sales. That sucks man!
Check the battery. If it hasn't  
section125 : 2/12/2016 7:17 pm : link
been used much, then battery probably died.

How much did you pay? I'm presuming it is a personal sale.
RE: You bought used car that's 17 years old  
Giants2012 : 2/12/2016 7:17 pm : link
In comment 12812975 JoeyBigBlue said:
Quote:
That's an as is sale unless you have paperwork saying otherwise. I hope you know a good mechanic, cause you really don't have any options.


Com'on, he has no grounds if the car doesn't even start from day one?
did yu take  
spike : 2/12/2016 7:24 pm : link
it to your mechanic before buy ing it?
how did you  
spike : 2/12/2016 7:25 pm : link
pay ?
Only 6 states have a lemon law that covers used cars  
Greg from LI : 2/12/2016 7:36 pm : link
CT, NM, MN, MA, NJ, NY. If you aren't in one of those states, you're out of luck unfortunately.
It may be something simple. Did you try jumping it  
Ira : 2/12/2016 7:41 pm : link
?
Is it trying to turn olver or are you just getting a click?  
steve in ky : 2/12/2016 7:51 pm : link
.
RE: Only 6 states have a lemon law that covers used cars  
Jim in Fairfax : 2/12/2016 7:51 pm : link
In comment 12813001 Greg from LI said:
Quote:
CT, NM, MN, MA, NJ, NY. If you aren't in one of those states, you're out of luck unfortunately.

Even if he is in one of those states it won't help. The law only applies to dealers, not private sales.
Yeah I don't think there are any laws  
steve in ky : 2/12/2016 7:55 pm : link
that would cover this.

Unless you know the personal history of the car when buying used you really need to get a car looked at from a mechanic. Especial when it is a private sale. Classic buyer beware.

The good thing is it very well may be something simple and inexpensive.
Not starting is very vague  
AP in Halfmoon : 2/12/2016 7:55 pm : link
.
I will seconded what others have said, check the battery.  
compton : 2/12/2016 7:56 pm : link
More than likely that is the problem.
You just brought  
ctc in ftmyers : 2/12/2016 8:00 pm : link
a 16 year old vehicle and you know nothing about cars?

Ever hear buyer beware?

I know how to turn a wrench and wouldn't buy a 16 year old vehicle without figuring it needed to be rebuilt.
Unfortunately, I think you screwed yourself here  
jcn56 : 2/12/2016 8:05 pm : link
Anytime you buy a used car like that, it's as-is. The seller's assurance of the condition means nothing, since they don't have to stand by it.

If you don't know enough about cars, you have to have a mechanic do a check to see what condition it's in, and whether it's worth the asking price.

Good luck, hopefully you get it checked out and it doesn't turn out to be too expensive to make roadworthy.
The battery is working  
JD in NC : 2/12/2016 8:07 pm : link
Car powers up and lights come on, motor cranks but won't turn over. Either fuel is not getting to the injector or there's no spark according to my extensive google searches. My understanding is that the lemon law only applies to new vehicles in North Carolina. This was a private sale we conducted at the DMV, there is a lot wrong with the car that wasn't disclosed, and for the most part I was trusting the seller and the car did start up and drive during the test drive and the ride home. To my knowledge, if the fuel pump is not getting fuel to the injector, you can spray fuel directly in and it will at least be enough for the car to start once or twice, a friend of mine did this to an old Chevy Blazer of mine.

There were service records with the vehicle, but I didn't look close enough and none of them are more recent then 2013 other than the inspection sticker which was performed last August. The seller stated that she got all her maintenance done on the vehicle at a specific repair shop, but when I contacted them for the vehicle history they said she only ever got the car inspected, she had brought in in for diagnostics a few times but never got the work done because it was too expensive. Which would make sense if you believe her story that she got the car as a gift, so why invest anything into repairs I guess.

I'm just extremely depressed and angry over the whole situation, I already have issues getting around and the only VA hospital in the area is an hour away so I have to have a car to get there. I feel like I was taken advantage of and someone was able to pass their problem along to me, except I can't afford to get the car working. Even if I want to take them to small claims court, from what everyone is saying it doesn't seem like I have much of a chance, which was expected, I guess I was just hoping for some angle I could take.
As far as the age of the car  
JD in NC : 2/12/2016 8:11 pm : link
My budget was $1800 so as you can imagine I'm not getting 2016 Bentley. The 1999 Maxima was an incredibly highly rated vehicle across the board and had one of the most reliable engines Nissan ever made. I've seen them routinely get up to 300k miles, this was is at 230k.
Shelve the frustration, it's wasted energy  
jcn56 : 2/12/2016 8:12 pm : link
Nothing you can do about that now, so focus on solving your transportation problem.

I'm no mechanic, but it sounds to me like your culprit could simply be a bad (or tricky) fuel pump, since one that's on it's way out can go outright bad as temps drop. A fuel pump for a Maxima shouldn't run you more than $100 parts, another $100 in labor at most, and is a DIY if you're so inclined (sounds like it's outside your ability level though).

If you can't have it towed to your mechanic, call someone in to see if they can pull codes from the engine to see what might be wrong and go from there. Autozone might even lend out code readers, which you can use to start the troubleshooting process.
Or check the fuel filter.  
section125 : 2/12/2016 8:22 pm : link
A car that sat may have dirt in the fuel line to block the filter.

How about gas in the tank? (sometimes gauges go bad) Did you put gas in after you bought it or are you using the gas that was already in the tank.
RE: Shelve the frustration, it's wasted energy  
ctc in ftmyers : 2/12/2016 8:23 pm : link
In comment 12813039 jcn56 said:
Quote:
Nothing you can do about that now, so focus on solving your transportation problem.

I'm no mechanic, but it sounds to me like your culprit could simply be a bad (or tricky) fuel pump, since one that's on it's way out can go outright bad as temps drop. A fuel pump for a Maxima shouldn't run you more than $100 parts, another $100 in labor at most, and is a DIY if you're so inclined (sounds like it's outside your ability level though).

If you can't have it towed to your mechanic, call someone in to see if they can pull codes from the engine to see what might be wrong and go from there. Autozone might even lend out code readers, which you can use to start the troubleshooting process.


this
RE: Or check the fuel filter.  
jcn56 : 2/12/2016 8:28 pm : link
In comment 12813052 section125 said:
Quote:
A car that sat may have dirt in the fuel line to block the filter.

How about gas in the tank? (sometimes gauges go bad) Did you put gas in after you bought it or are you using the gas that was already in the tank.


Yup - should try to separate into three - air intake, fuel intake, electrical.

Easy to check to see if fuel is getting there - try starting her up, and then pull one of the spark plugs to see if there's any fuel on it. If they're dry, fuel delivery problem (although could also be electrical in some systems). If there's gas, then on to the electrical checkout. Not familiar with the Maxima, but I know a lot of the electronic ignitions can be problematic from the ignition switch itself on to position sensors (cam and/or crankshaft).

Don't be quick to assume that your starter is good just because it's turning, sometimes a starter is on it's last legs and again, with a little drop in temp could go from just kicking over to no start.

The upside? It doesn't sound like you have a serious drivetrain issue on your hand, so you can likely be up and running without too much cost, just aggravation. And let's face it, even with a good used car, at 17 years old you're in for a little of both.

Don't get mad - get even. Take a wrench to it and make it go.
Good advice above  
AP in Halfmoon : 2/12/2016 8:38 pm : link
I'll add I bought the kids cheap cars for school, etc and I wouldn't do it again. There are great deals on cars like new Hondas with a lease or purchase. When you consider total cost of ownership you're further ahead getting a new one.
Post her picture here.  
Boy Cord : 2/12/2016 8:41 pm : link
We'll take it from there. That whore bitch will rue the day she effed over a BBIer.
I'm  
AcidTest : 2/12/2016 9:32 pm : link
sorry for your trouble. You've gotten some good advice. I hope it all works out for you.
Did you pay cash?  
tangled up in blue : 2/12/2016 9:39 pm : link
If you paid with a check call your bank and put a stop payment on it.
RE: Did you pay cash?  
steve in ky : 2/12/2016 9:46 pm : link
In comment 12813129 tangled up in blue said:
Quote:
If you paid with a check call your bank and put a stop payment on it.


That may be illegal
RE: Did you pay cash?  
EricJ : 2/12/2016 9:46 pm : link
In comment 12813129 tangled up in blue said:
Quote:
If you paid with a check call your bank and put a stop payment on it.


JD would lose in court if he did that. When you buy a used vehicle from a private seller like that, the responsibility to have it fully checked out is on the buyer. JD could have had her go over to a place like Midas to have them plug the car in to the computer. Maybe they would charge $50 to do that. I appreciate (as does JD I am sure) all of the advice on what is truly wrong with the car. However, back to the theme of his original post...he does not have a leg to stand on and this is not a lemon.
Thanks for the advice everyone  
JD in NC : 2/12/2016 10:44 pm : link
A lot of this would have taken me hours if not days of research.
Say a prayer it's the fuel pump  
Big Rick in FL : 2/12/2016 11:05 pm : link
Mine just went on my car. Mechanics wanted anywhere from 500-900 for it. Bought the highest rated fuel pump from Amazon. It cost me $79 shipped. I know nothing about cars. Watched a YouTube video & had the old one out & new one installed in 15 minutes.

Is it trying to turn over? My car had the same problem & a coworker suggested the battery, but the lights & radio came on do I knew it wasn't that. Typed the symptoms into Google & found out it was the fuel pump pretty quickly.
RE: Post her picture here.  
Taggart : 2/12/2016 11:14 pm : link
In comment 12813071 Boy Cord said:
Quote:
We'll take it from there. That whore bitch will rue the day she effed over a BBIer.


This. I'll bet the cunt is an Eagles or Skins fan too.
RE: RE: Did you pay cash?  
mitch300 : 2/12/2016 11:34 pm : link
In comment 12813146 EricJ said:
Quote:
In comment 12813129 tangled up in blue said:


Quote:


If you paid with a check call your bank and put a stop payment on it.



JD would lose in court if he did that. When you buy a used vehicle from a private seller like that, the responsibility to have it fully checked out is on the buyer. JD could have had her go over to a place like Midas to have them plug the car in to the computer. Maybe they would charge $50 to do that. I appreciate (as does JD I am sure) all of the advice on what is truly wrong with the car. However, back to the theme of his original post...he does not have a leg to stand on and this is not a lemon.

He might lose in court. At least it would be a pain for her to have to take him to court.
RE: RE: RE: Did you pay cash?  
steve in ky : 2/12/2016 11:39 pm : link
In comment 12813235 mitch300 said:
Quote:
In comment 12813146 EricJ said:


Quote:


In comment 12813129 tangled up in blue said:


Quote:


If you paid with a check call your bank and put a stop payment on it.



JD would lose in court if he did that. When you buy a used vehicle from a private seller like that, the responsibility to have it fully checked out is on the buyer. JD could have had her go over to a place like Midas to have them plug the car in to the computer. Maybe they would charge $50 to do that. I appreciate (as does JD I am sure) all of the advice on what is truly wrong with the car. However, back to the theme of his original post...he does not have a leg to stand on and this is not a lemon.


He might lose in court. At least it would be a pain for her to have to take him to court.


And it wouldn't be a pain for him?

Plus what does he do. wait to fix the car until after he losses in court when he finds himself right back to square one?

And he may find himself in legal trouble canceling a check after having purchased, signed, and transferred the title to his name.
Those late 90's Maxima's were notrorious  
montanagiant : 2/12/2016 11:55 pm : link
For having Ignition switch problems.
It also could be your key fob needs reprogramming. The car will turn over but not start due to the security system
With any car, it's either  
Doomster : 2/13/2016 8:43 am : link
spark, fuel, or compression.....

More likely spark or fuel.....

Pick up a can of carb cleaner.....have someone crank the car while you spray the carb cleaner into the throttle body....don't have to open it, just spray it on the plate.....if the car starts and runs as long as you spray, it's a fuel issue.....either no fuel pressure, or the injectors are not firing(Security problem)....

If it doesn't start, then check for spark.....



Lesson to be learned here: When buying a used vehicle from a dealer, make sure it has a minimum 30 day warranty....

From a private party? You take the vehicle to the dealership that sells your car.....pay one hour's inspection fee.....in that time they can road test it to check engine/transmission performance, alignment, suspension over bumps, the brakes, and various options(like cruise control, HVAC, etc.)..... attach a scan tool to observe data, and check for any codes in the vehicle.....then put the vehicle on a lift, and check exhaust, check for leaks, any damage, check front end, check tires, and potential problems(like rusted brake lines, rusted fuel lines, etc.)......and since they work on these vehicles all the time, they can also tell you the potential problems of the vehicle that may not have reared it's ugly head, yet.....they can also run your VIN number, to see if there are any open campaigns on the vehicle.....this can all be done in an hour.....that hour can save you a lot of money down the road.....it can also reduce the price of the vehicle if you show potential problems that you will have to fix, like brakes, exhaust, etc.
Check this out...  
Doomster : 2/13/2016 8:52 am : link
Google is your friend,
Cranks all day but wont start =( - ( New Window )
RE: As far as the age of the car  
The 12th Man : 2/13/2016 9:45 am : link
In comment 12813037 JD in NC said:
Quote:
My budget was $1800 so as you can imagine I'm not getting 2016 Bentley. The 1999 Maxima was an incredibly highly rated vehicle across the board and had one of the most reliable engines Nissan ever made. I've seen them routinely get up to 300k miles, this was is at 230k.


Set up a Fund me now account let people know what happened and for a vet like yourself I am sure people will donate.
RE: Say a prayer it's the fuel pump  
jcn56 : 2/13/2016 9:53 am : link
In comment 12813220 Big Rick in FL said:
Quote:
Mine just went on my car. Mechanics wanted anywhere from 500-900 for it. Bought the highest rated fuel pump from Amazon. It cost me $79 shipped. I know nothing about cars. Watched a YouTube video & had the old one out & new one installed in 15 minutes.

Is it trying to turn over? My car had the same problem & a coworker suggested the battery, but the lights & radio came on do I knew it wasn't that. Typed the symptoms into Google & found out it was the fuel pump pretty quickly.


Any mechanic that quoted you anything $500 or over for a fuel pump for that car needs to have a couple of fingers thrown in his direction, I'll let you choose which.
Where in NC are you?  
EJV79 : 2/13/2016 2:15 pm : link
I'm in concord, if you are reasonably close i could take a look at it (i'm a tech). A fuel pressure gauge hooked up to the fuel rail will let you know if the pump is pumping any fuel. A noid light will tell you if the injector is getting a signal from the pcm. I would check for codes also, it could be a bad crank or cam sensor causing it not to start. A good scan tool will give you the ability to look at live data, while cranking the car look and see if there is an RPM reading on the scan tool. I believe that car has a coil per cylinder so it's highly unlikely all 6 coils went bad but there may be an issue with none of them getting spark.
RE: Where in NC are you?  
montanagiant : 2/13/2016 5:11 pm : link
In comment 12813634 EJV79 said:
Quote:
I'm in concord, if you are reasonably close i could take a look at it (i'm a tech). A fuel pressure gauge hooked up to the fuel rail will let you know if the pump is pumping any fuel. A noid light will tell you if the injector is getting a signal from the pcm. I would check for codes also, it could be a bad crank or cam sensor causing it not to start. A good scan tool will give you the ability to look at live data, while cranking the car look and see if there is an RPM reading on the scan tool. I believe that car has a coil per cylinder so it's highly unlikely all 6 coils went bad but there may be an issue with none of them getting spark.

Very nice of you to offer that..
EJV79  
JD in NC : 2/13/2016 6:07 pm : link
Dude that is amazing that you would offer to take a look at the car, thank you. I'm in Charlotte right by UNCC, I work at the Guitar Center there, so if you happen to be a musician or ever need anything we have, I will get you the best deal you'll ever see in your life.
RE: EJV79  
EJV79 : 2/13/2016 8:46 pm : link
In comment 12813874 JD in NC said:
Quote:
Dude that is amazing that you would offer to take a look at the car, thank you. I'm in Charlotte right by UNCC, I work at the Guitar Center there, so if you happen to be a musician or ever need anything we have, I will get you the best deal you'll ever see in your life.


I've actually been to that guitar center a few times and i was just talking to my girl about stopping in there tomorrow after we eat at the outback down the road. I have a funny feeling we've met before because i've been in that guitar center a few times with my giants gear on and was talking to an employee there who was a big giants fan.
Yea that's definitely me lol  
JD in NC : 2/13/2016 9:40 pm : link
I remember talking to you a few times, wow that's pretty crazy. Yea if you guys are coming to the store tomorrow I'm working in the morning, should be there til noon or so. Wow, small world!
i'm not sure what time i'll be there tomorrow  
EJV79 : 2/13/2016 10:22 pm : link
but either way, here's my # (631)891-9345 shoot me a text tomorrow or monday and we'll see if we can set up a time to look at the car.
LOL: Only on BBI  
Jim in Fairfax : 2/13/2016 10:28 pm : link
That's really cool!
This is awesome  
timintey : 2/13/2016 10:30 pm : link
Giants fans in the Charlotte area are a special breed (Fort Mill here)
RE: i'm not sure what time i'll be there tomorrow  
JD in NC : 2/13/2016 11:10 pm : link
In comment 12814169 EJV79 said:
Quote:
but either way, here's my # (631)891-9345 shoot me a text tomorrow or monday and we'll see if we can set up a time to look at the car.


Sounds like a plan. I can't even begin to tell you how much I appreciate the help. I didn't think I was going to get out of this without having to take the car to a mechanic I don't know and possibly get raked over the coals for the repairs, and really have no choice but to pay it off somehow.

What are the odds of this situation? Seriously?
lol that's awesome  
Vin R : 2/13/2016 11:54 pm : link
.
This is a BBI Hall of Fame thread  
glowrider : 2/14/2016 12:05 am : link
For real. Beautiful stuff there.
Any written agreement to the sale?  
glowrider : 2/14/2016 12:08 am : link
Fraud is always illegal and would void the agreement.
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