My Horror Story

[ls1camino]

So I bought a Trans Am from a guy on these forums (not going to say any names) Thursday. While driving back home, I heard a high pitch whine from the rear of the car, a loud pop, then car refused to go anywhere.

I had been driving for 350 miles straight for a few hours (cruise set at 75) and I was 150 miles from home. I called the guy and he said he installed a new Ring and Pinion Gear Set (with 4.10s) when he bought the car 6 months ago (he had the same thing happen to him).

What would cause a car to have the same general problem two times within a year? It's not like I was beating on the car, it was cruising...is this common for F-bodies or did I just get the bad luck of it happening while I was a long way from home?

I'm driving my Suburban up there to to tow it home on Sunday. My friend found a replacement rear end housing, diff and gearing out of a 99 T/A and we're going to install it Sunday Afternoon. And I wanted to know whether I should get rid of the car now before anything else happens?

Thanks for any and all help/suggestions/input.

Edit: I'll post pics of it the Rear End when I get back home on Sunday. It looked like it had a hole in the housing cover, but maybe it was a dirt spot...it was dark.

[djvaly]

enough rearend fluid in it? check it...

[KyleLs1]

How many miles on the car?

Shit happens man, its a bad luck situation for you... and hopefully the seller had no knowledge of this problem (looks like the seller attempted to resolve this issue previously).

Fact of the matter is, you bought a USED car that 7 yrs old... shit's gonna break.

It's really unfortunate that it happened right after you bought it but it doesnt sound like a huge deal. The rears in these cars are the weak point and it is usually just an excuse to upgrade it when it breaks.

I wouldn't get rid of the car based on one instance of bad luck. Fix the rear and enjoy your new car!

Post up some pics too!

[slims00ls1z28]

Now theres a better reason to ditch the stocker in place of something stouter!

[ls1camino]

Djvaly: The fluid that WAS in the rear end is now all over my rear bumper, I think it got so hot it started evaporating the fluid and it condensed on the bumper while I was driving.

How many miles on the car?

Shit happens man, its a bad luck situation for you... and hopefully the seller had no knowledge of this problem (looks like the seller attempted to resolve this issue previously).

Fact of the matter is, you bought a USED car that 7 yrs old... shit's gonna break.

It's really unfortunate that it happened right after you bought it but it doesnt sound like a huge deal. The rears in these cars are the weak point and it is usually just an excuse to upgrade it when it breaks.

I wouldn't get rid of the car based on one instance of bad luck. Fix the rear and enjoy your new car!

Post up some pics too!

KyleLs1: Thank you, that was...uplifting

The car hs 66687 miles on it (I took a picture of the odometer when I hit 66666 miles lol), and It runs fine besides my issue right now.

I don't currently have the funds to upgrade to a 9", but the next time I break the rear end, I will.

I realize that stuff breaks, doing burnouts in my '96 Suburban for 6 years cost me $4k to replace the rear end, axles and transfer case...valuable lesson learned there too >.<

[eautocad]

Please read this entire post, I know its alot but it WILL help you. I've been in this situation before, this is how I handled it, and won.


there is a law that states if you buy a used car and it breaks down within 24 hours of purchase the seller legally must give your money back if you want, or fix the problem. I bought a jag that shit out on me 2 hours away from where I bought it and I got a hold of my lawyer, and walla.. The guy said he'd replace the motor or give me my money back.... I got my money back. That is shady as hell for him to sell you that car and not tell you the rear end was going out... Its pretty obvious when things like that go bad, they give signs... That is dirty business, and its ILLEGAL. He could goto Jail. It's called FRAUD BY DECEPTION. Unless he told you that the rear end was going out, he is in big doo doo if you open your mouth to authorities...I can't believe someone would put your life in emminent danger to sell a vehicle. What if the rear end went out in the middle of an intersection and you get smashed and hurt? This dude is seriously in trouble.. Not only did he fraudulently sell you a vehicle, he also endangered your life by selling you a vehicle that didn't meet safety and mechanical standards, possibly with out your knowledge. You have him by the balls, and he should act like it. If not, contact your local police department IMMEDIATELY. Time is of the essence now, you must document everything. I expect you had it towed, keep the tow documents. Those documents are proof that the car was not drivable within that certain time frame. Keep your sales reciept, and anything else that proves you bought the car from him with a date and time, gas receipts from his area are also going to be helpful. If you stopped for a burger, save that reciept as well. Since this seller is 100's of miles away, you need to prove your time frame and location if this goes to small claims. Most people will not let it go that far, and make the situation right before going into court. read the following snippets and clips that relate to the laws that protect you.

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I think this falls under this law
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http://statty.co.pinellas.fl.us/cp10.htm

1. Misrepresentation of Condition

Some used car salespersons misrepresent the condition of used cars or make unfounded statements as to the condition. Puffery such as "this is the best buy in town" is not particularly damaging, but when a salesperson asserts that a car is in A-1 shape and it actually has serious defects, the buyer of the car may experience unanticipated repair problems.
I've been through this before, just take a deep breath and realize this great country has laws in place to protect buyers, and keep the economy stable. If there wasn't this law in place, do you think people would buy used cars so regularly?

4. Cover-up of Defects

Many defects can be temporarily covered up by unscrupulous used car dealers:

1. Cheap fiber glass and paint cover-up of rusted-through areas
2. By-passing car heater to conceal a leaking heater core
3. Oil additives to cover-up cracked block and other engine defects
4. Coolant additives to cover-up leaky radiator
5. Spray painting of inside of trunk to cover-up leaks and rust

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Excerpt from
http://www.wisconsin.gov/state/consumer/prvcr113.pdf

The car I bought just days
ago won’t run anymore. I
was told the car was next to
new and had just been
checked out by a mechanic.
Is there any way for me to
get my money back?

If you have unreasonable
problems with a car you
bought from a private seller,
you may have to settle
differences in small claims
court or seek the services of a
private attorney. Keep copies
of contracts, receipts, bills,
canceled checks¾any
document that will support
your case if a problem arises.

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There's also another way too.. If he sold you a car w/o proper emissions equipment w/o telling you, you can get your money back This is valid for as long as you own the vehicle. Another clip from wisconson law

Is it legal to sell a truck or car that doesn't have seat belts or emission equipment?
In Wisconsin, it is illegal to sell any type of vehicle with inoperative safety belts. A dealer can sell a vehicle with defective or missing emission equipment as long as the information is disclosed to the purchaser on the disclosure label and a warning is put on the purchase contract. However, it is a violation of federal law for anybody to tamper with or remove emission equipment.
************************************************** **********************



Since your in Maryland, you will have to obied by state and federal laws... Call this

Maryland Attorney General's Consumer Protection Division
Consumer hotline: (410) 528-8662 or 1 (888) 743-0023 toll-free







Here's a similar case:
http://www.my3cents.com/showReview.cgi?id=19298








another clip
http://www.pueblo.gsa.gov/cic_text/c...indusedcar.htm


"n addition to odometer fraud, there are other significant events in a car's past that unscrupulous sellers may try to hide. Every state has laws designed to protect consumers from buying used cars that may not be road worthy. Consumers should be direct when asking sellers about a vehicle's past, and they should get a detailed vehicle history report. The person selling you a used car should provide a detailed vehicle history that answers questions to your satisfaction. "




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Another clip
http://law.freeadvice.com/general_pr..._lemon_law.htm


What about if I just bought a used car, will I be covered by the lemon laws?
In many states you will be covered. (Again, check with an attorney to find out if you live in a state in which used cars are covered by Lemon Laws.)

Often the laws for used cars are connected with the inspection sticker requirements for the state. State safety inspections are required on all cars (at varying intervals, depending on the state), and can cover parts including lights, brakes, windshield wipers, tires, horns, windows, and seat belts. If the car fails a safety inspection within a certain period of time of the purchase of the car, and if the repairs exceed a stated percentage of the purchase price of the car (again, these vary by state), you may be able to cancel the purchase of the car and receive a full refund.

There are some states that define their Lemon Laws for used cars the same way they do for new cars, so that even if your car passes inspection, if it has met the qualifications, you can cancel the sale.

************************************************** **********************

Used Vehicle Lemon Law

http://www.masslawhelp.com/lawhelp/l...da0bacddefcc44


There are actually two separate laws, which apply to used vehicle sales. The first is the fourteen-day return law - or lemon aid law. Massachusetts General Law Chapter 90, Section 7N, generally known as the Lemon Aid law, allows you return a vehicle for a refund within fourteen days of the date of purchase provided the car does not pass inspection and certain other conditions are met. This law applies to both dealer and private party sales no matter how much was paid for the vehicle provided it was purchased for personal or family use. It will not apply if the vehicle was damaged by the purchaser subsequent to the sale.

In order to be eligible to receive a refund, you must follow these steps:

1. The vehicle must be inspected and rejected within seven days of the date of sale by a licensed Massachusetts inspection station. If the vehicle is rejected, make sure you get a written statement describing the reasons why the vehicle failed to pass signed by an authorized agent of the inspection station. You will also need an estimate for the repairs necessary to make the car pass inspection showing that the cost for them will exceed ten percent of the purchase price.
2. Notify the seller of your intention to void the contract of the sale based on Massachusetts General Law Chapter 90, Section 7N. While you can phone the seller of the vehicle to notify him of your intention, you should follow up your conversation with a letter, sent via certified and regular mail. Enclose copies of your rejection notice and estimate with the letter. Make sure to keep a copy of the letter for your records. Even if the seller agrees to a refund during your phone conversation, you should still follow-up with the letter described above. Failure to do so may lead you to lose your right to void the contract should the former owner renege on his promised refund.
3. Return the motor vehicle to the seller. This must be done within 14 days of the date of sale. Even if you have to tow the vehicle, you must return it to the previous owner. When returning it, it is advisable to bring a witness in case the previous owner refuses to accept the vehicle. If the owner refuses to give you a refund, go with your witness to a notary and sign a statement that you tried to return the vehicle on that date, but the previous owner would not give you a refund.

If you follow these steps, you are entitled to a refund. You do not have to allow the seller to repair the vehicle for you. If you and the seller agree to allow the seller to fix the car or pay for repairs, you must get this agreement in writing.

************************************************** **********************

[djvaly]

there is a law that states if you buy a used car and it breaks down within 24 hours of purchase the seller legally must give your money back if you want, or fix the problem. I bought a jag that shit out on me 2 hours away from where I bought it and I got a hold of my lawyer, and walla.. The guy said he'd replace the motor or give me my money back.... I got my money back.

check the state laws... it may be different from state to state... also "buy as is" verbal contract not necessarily written one. it's hard to prove that the rearend was broken at the time of the sale anyways... 350 miles is a long way...

[Speedy_Gonzales]

hate to hear all that bro

[samson_420]

AS IS - IS AS IS !

Yeah it sucks ass though.

From what it sounds like to me, something happened in the rear end. So the previous owner tried to fix it. When they tried to fix it, they eather left broken stuff in(which I doubt), or just tried to replace what they found broken.

I would suggest a new rear end. I know a 12 bolt or a 9" is damn expensive, so you can consider a complete unit from a donor car(like someone who just swapped out a stocker for a upgrade, or a bone yard). They are usually pretty cheap to come by.

You will never really know, but the but the whole case could be a just a bit bent. So you will not be able to settup the ring and pinion correctly.


Good luck, it could be a lot worse.

[eautocad]

the mileage doesn't matter, its the time frame. I'm telling you that your covered b/c i had almost the same identical thing happen to me. If its cross state line sales, it falls under FEDERAL laws not state.

It doesn't matter if you signed an as-is or not. The bottom line is that he sold you a car that failed to be mechanically fit within 24hours of the sale. That is illegal whether he knew the rear was bad or not. He has to fix it, according to my lawyers.. GMAC legal services courtesy of General Motors. Gotta love GM; i would think GM lawyers would know about automotive laws lol.

If you want to get ahold of a lawyer, I'd do it ASAP. If you want to just forget about it and move on, then do that... But i'm 100% sure that the laws on your side. Call the state attorney hotline and find out for yourself !


The guy that sold me that jag even paid for my hotel&food b/c i incurred loss due to the problem with the car. I'm tellin you man, you have him by the short and curlies!

even if u signed an as-is document, unless it specifically stated that you understood the rear end was problematic, your still covered.

[0rion]

Personally, I would look into seeing what you can do about getting some/all of your money back. Pretty crappy thing to have happen to you. I don't care if it was as is or not. A rear just doesn't pop, he knew something was up before he sold it to you. Accidents happen but I highly doubt this was an accident.

[eautocad]

Personally, I would look into seeing what you can do about getting some/all of your money back. Pretty crappy thing to have happen to you. I don't care if it was as is or not. A rear just doesn't pop, he knew something was up before he sold it to you. Accidents happen but I highly doubt this was an accident.

my point exactly... someone else mentioned the case could be off kilt, what if the whole car is off kilt and thats why its blowing through rear ends? You will NEVER be able to get that car to keep a rear end b/c the frame is bent; and in actuality he sold you a totaled vehicle and didn't represent it correctly. This opens up a whole nother book of worms; leaving the scene of an accident, not reporting an accident, etc... The more this story unfolds the uglier it gets... It sounds to me like this guy didn't care about commiting multiple felonies when he sold you this car... How much did you pay for it?

This sounds like a job for the Hardly boys... The hardly boys, to young whipper snappers with a knack for solving mysteries... The hardly boys in, "The mystery of the used car bandit"


Did you buy it on Ebay? If you did, your def gonna get your money back.


I think I'm getting a cluuuueeewwww....

[KyleLs1]

my point exactly... someone else mentioned the case could be off kilt, what if the whole car is off kilt and thats why its blowing through rear ends? You will NEVER be able to get that car to keep a rear end b/c the frame is bent; and in actuality he sold you a totaled vehicle and didn't represent it correctly. This opens up a whole nother book of worms; leaving the scene of an accident, not reporting an accident, etc... The more this story unfolds the uglier it gets... It sounds to me like this guy didn't care about commiting multiple felonies when he sold you this car... How much did you pay for it?

Lets have the SN of the guy who sold it... I bet i can find it!

Dude you are blowing this whole thing WAYYY out of proportion.

Guy bought a car.. it broke down. My question to LS1camino is this: Did you have it inspected prior to purchasing the car? A lisenced mechanic may or may not have picked up on this problem during a road test or inspection. But it should be the buyers responsibility to do their due dilligence and have the car inspected before paying a large sum of money for it.

Not that that excuses a seller from selling a vehicle with known issues... BUT you can not necissarily prove that he knew it was on its way out. For all he knew, the rear acted up on him and he got it fixed! Probably thought everything was good.

My suggestion to ls1camino is... fix the car, have it properly inspected and if you suspect it was wrecked, get it on a frame machine. If something is out of whack, try and work something out with the seller. If it doesn't work out then you COULD try legal action, or you could chalk it up as a lesson in Buyer Beware.

[ls1camino]

Thanks for all the advice guys.

Like I said, I'm going to tow it back to my house on Sunday. Should I replace the Rear End on Sunday or leave it as is for "legal purposes"?

I just called the Maryland Attorney General's Consumer Protection Division
Consumer hotline and the answering machine said they're not in their office till Wednesday, but I'm going to call back on Monday anyway to see if someone that's there (Secretary or someone) can get me some answers.

In the mean time, I'm going to get in contact with a lawyer (Tuesday probably) and see where I can go from there.

I have all of the paperwork from my trip...my boarding pass from my flight up there, the receipt of purchase, the 14-day in-transit permit from that state, the old title, and the towing receipt. I think that would be enough to put me in that time period, correct?

And no, sorry, I will not give out the guy's ScreenName. I don't need people PM'ing and emailing him nasty things while I'm trying to get this sorted out. And I ask, taht if you figure out who is was, that you please refrain from informing the entire board who it is and please don't contact him, thanks.

Thanks again guys for your help.

[eautocad]

your right a SN would be a little too much info... it could hurt your case

I'd say you have your eggs in a row, I wouldn't tamper with the car until you get some clear legal advice if you are considering at all any legal recourse.. What I would do is take it to a mechanic and have him verify what the problem is.

Did you buy this car from canada? I dont know how across border sales work, you mentioned a 14-day state permit, im guessing you bought it in canada... I don't think our laws apply there, you might be SOL

I think that you have enough documentation to prove your timeframe, I would have a mechanic that is local to the area the car broke down inspect the car... Thats what i did with the jag, no reason in bringing the car home just to ship it back to him.

Also, if you haven't registered it yet in your name, you technically don't own the vehicle yet. Any charges from the car sitting at the tow company, or mechanic will be placed on the car owners bill, which when searching dmv records with the vin will point to your seller.

[ls1camino]

No, I did not buy it from Canada, but I will have my mechanic look at it on Tuesday while I'm talking to a lawyer.

[eautocad]

phew! good thing b/c then this would a whole nother can of worms... Man I feel bad for you, i've been there... If i come up with anything else ill post it, i'll look for more laws over the weekend, and I'll also call our GM lawyers and ask them what specific law it falls under

I wish there was more I could do to help... but my hands are tied.

[0rion]

yeah, don't make a mountain out of a molehill. First and foremost I would contact the seller and just talk to him about it. See if maybe he'll give you a partial refund for half the repair bill or something along those lines. It's always easier to try and work things out with someone before having it get nasty. He may help you out on the repairs. Fact of the matter is I see stock rears here on sale VERY cheap. There's a guy in Kansas giving one away right now for local pick up. Getting a stock rear won't be expensive at all. If you have the cash though I would look at a 12 bolt to keep this from happening again.

[eautocad]

lol i have to watch myself I fly off the deepend sometimes, i'm good at making mountains out of molehills... Those damn molehills seem so big!

[samson_420]

You can talk to the seller, but dont be a weiner.

If I buy a used car from a Private Party and I inspect it. IT IS MY RESPONSABILITY.

So take care of it yourself.