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Private Used Car Sales
An alternative to buying
from a dealer is going to an individual who is
selling a used car.
You may see ads in newspapers (for example,
auto for sale used or
muscle car for sale),
on bulletin boards, or on a car. Buying a car
from a private party is very different from
buying a car from a
dealer.
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- Private sellers
generally are not covered by the Used Car Rule
and don't have to use the Buyers Guide. However,
you can use the Guide's list of an auto's major
systems as a shopping tool. You also can ask the
seller if you can have the vehicle inspected by
your mechanic.
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- Private sales
usually are not covered by the "implied
warranties" of state law. That means a private
sale probably will be on an "as is" basis,
unless your purchase agreement with the seller
specifically states otherwise. If you have a
written contract, the seller must live up to the
promises stated in the contract. The car also
may be covered by a manufacturer's warranty or a
separately purchased service contract. However,
warranties and service contracts may not be
transferable, and other limits or costs may
apply. Before you buy the car, ask to review its
warranty or service contract.
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- Many states do not
require individuals to ensure that their
vehicles will pass state inspection or carry a
minimum warranty before they offer them for
sale. Ask your state Attorney General's office
or local consumer protection agency about the
requirements in your state.
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BEFORE YOU BUY A USED
CAR
Whether you buy a used car
from a dealer, coworker, or neighbor, follow
these tips to help learn as much as you can
about the
car: | |
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- Use an inspection
checklist when you examine the car yourself. You
can find a checklist in many magazine articles,
books and Internet sites that deal with buying
used cars. Get the Kelly Blue Book value.
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- Test drive the car
under varied road conditions-hills, highways,
and stop-and-go traffic.
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- Ask for the car's
maintenance record. If the owner doesn't have
copies, contact the dealership or repair shop
where most of the work was done. They may share
their files with you
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- Talk to the
previous owner, especially if the present owner
is unfamiliar with the car's history.
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- Have the car
inspected by a mechanic you hire.
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IF YOU HAVE
PROBLEMS
If you have a problem
that you think is covered by a warranty or
service contract, follow the instructions to get
service. If a dispute arises, here are some
steps you can
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- Try to work it out
with the dealer. Talk with the salesperson or,
if necessary, the owner of the dealership. Many
problems can be resolved at this level. However,
if you believe you're entitled to service, but
the dealer disagrees, you can take other
steps
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- If your warranty
is backed by a car manufacturer, contact the
local representative of the manufacturer. The
local or zone representative is authorized to
adjust and decide about warranty service and
repairs to satisfy customers. Some manufacturers
also are willing to repair certain problems in
specific models for free, even if the
manufacturer's warranty does not cover the
problem. Ask the manufacturer's zone
representative or the service department of a
franchised dealership that sells your car model
whether there is such a policy.
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- Contact your local
Better Business Bureau, state Attorney General,
or the Department of Motor Vehicles. If you
bought your car from a franchised dealer, you
may be able to seek mediation through the
Automotive Consumer Action Program (AUTOCAP), a
dispute resolution program coordinated
nationally by the National Automobile Dealers
Association and sponsored through state and
local dealer associations in many cities. Check
with the dealer association in your area to see
if they operate a mediation program.
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- If none of these
steps is successful, small claims court is an
option. you can resolve disputes involving small
amounts of money, often without an attorney.
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- The Magnuson-Moss
Warranty Act also may be helpful. This federal
law, allows you to sue based on breach of
express warranties, implied warranties, or a
service contract. A lawyer can advise you if
this law applies.
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Check out the cars repair record,
maintenance costs, and safety and mileage
ratings in consumer magazines or online. Look up
the used car Blue Book value, in preparation to
negotiate the price. |
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Buying a used car from a dealer? Look for
the Buyers Guide. It is required by a federal
regulation called the Used Car
Rule. |
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Get
all oral promises in writing and included in the
Buyers Guide. |
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You
have the right to see the dealers warranty
before you make a used car
sale. |
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Warranties are included in the price of
the product; service contracts cost extra and
are sold separately. |
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Ask
for the cars maintenance record from the owner,
dealer, or repair shop. |
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Test drive the car on hills, highways,
and in stop-and-go
traffic. |
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Have the car inspected by a mechanic you
hire. |
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Check out the dealer with local consumer
protection officials. |
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If
you buy a car "as is," you'll have to pay
for anything that goes wrong after the
sale. |
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The
Used Car Rule generally does not apply to private
sales. | |
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