Buyers of used cars need to know their rights

Part II

By law, used car dealers must inform consumers of known major defects prior to sale. If a dealer knowingly sells you a seriously defective car and does not disclose the defect before sale, you may be able to break the contract and get your money back.

Before purchase, request permission to take the vehicle to a licensed state inspection station, where it can be put on a lift and examined. If the dealer won’t allow this, have the car inspected immediately after purchase. If the car cannot pass, you may return it to the dealer immediately and request repairs free of charge. If the defect is so serious that you no longer trust the dealer, return the car and request a full refund. If the dealer refuses to repair your car free of charge, you may file suit. If you win, the court can order a full or partial refund, order the dealer to pay you a civil penalty for not complying with the law, and instruct him to pay your attorney’s fees. If the car fails to pass a state inspection, notify the state police. The dealer risks fines and the loss of his inspection license.

Before purchase, look for cracks, leaks, breaks, strange noises, and parts or accessories missing or not working properly.

Make certain the frame is straight and solid, and that the vehicle rides exactly in line with the wheels. Check the ground beneath the engine compartment for fluid leaks. Observe the engine condition and determine that belts are in place, tight, and not worn and frayed.

Check the transmission fluid level and look for seepage. Smell the transmission oil stick. Does it have a burned odor, indicating trouble? Does the transmission shift smoothly through the gears. Is the drive shaft in good shape? Does the differential purr quietly without excessive seepage? Check the water pump and radiator for leakage. During the test drive watch all gauges, including temperature. Is the battery clean and free of acid leaks? Does the car start well and is the generator or alternator charging? Does it idle smoothly? Check the fuel system (including gas tank) for leakage. Is there a strong gas smell? Is the brake pedal firm under pressure and does the vehicle stop in a straight line? Make certain warning lights work and that both structural and mechanical parts are solid and not excessively rusted or loose.

The dealer must meet certain repair standards under either the warranty of inspectability or additional warranties or guarantees made to you.

Maine law is quite specific. A dealer violates warranty if the car cannot pass a state inspection or (as long as you have not abused the car); if the dealer fails to repair or replace parts guaranteed under either the warranty of inspectability or the dealer’s own warranty within five days (not counting weekends or holidays) after the car is delivered to the dealer, or 35 days if parts are not available to the dealer (longer if the parts are completely unavailable); or if the dealer fails to provide you with a loaner at no cost (except for oil and gas) if your car is still not repaired after the above times have expired.

If any of these requirements are not met by the dealer, you should be able to return the car and get all or most of your money back or get damages equal to losses in your car’s value. Like the Boy Scouts, “Be Prepared” when used car shopping.

Consumer Forum is a collaborative effort of the Bangor Daily News and Northeast COMBAT. Send questions to Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor, Maine 04402-1329. COMBAT is a nonprofit organization with annual dues of $10. For membership information, write to the above address.