Man Rushes To Buy A Truck Without The Standard Dealership Inspection. Then He Demands A Return A Week Later: ‘Whose Fault Is It?’
"We sell our vehicles as is."
Is a used car seller to blame when a car breaks down after purchase? One man bought a Ford F-150 only to discover that its transmission was shot. Now he wants his money back.
Used car seller Odanis Salomon (@odanis.salomon) recently shared a social media post detailing the specifics of the sale. He wanted to know if other folks thought his business was to blame for the customer getting stuck with a ride in need of a costly repair.
“I just had a customer leave the lot. He was very frustrated because he bought a vehicle from us that has issues. But let me explain the situation," Salomon begins, adding, "You think it’s the customer’s fault, or my fault?”
According to him, the same day the client visited the dealership, they received shipment of multiple vehicles, including a 2011 Ford F-150. Salomon said that while they had several pickups on their lot, and still do, the F-150 was “a bit of a unicorn” in that it hit the sweet spot of an affordable price and seemed to be good condition.
His customer insisted on purchasing the truck that very day. However, this meant the dealership wasn’t able to carry out its full service process, which includes an inspection and multiple test drives.
Salomon says that this was communicated to the buyer, who insisted he take home the F-150 that same day.
Did The Dealership Inspect The F-150?
Before handing the vehicle over, Salomon said that they did a preliminary assessment of the truck and checked for any error codes. After doing so, they gave the customer the keys and he departed with the truck. Then, just two days later, the dealer received a call from the customer, who claimed that the F-150 wouldn't start.
“So we say that’s fine, bring it to the lot, let’s see what we can do … he brings it to the lot and it ends up being that the transmission is bad,” he said. Unfortunately, the problems didn’t end there.
“Not only is the transmission bad on the car, but you know there’s a couple other things … engine valve cover, gaskets need to be replaced. Random stuff here and there,” Salomon added.
The buyer was incensed.
“He was basically fuming at us … getting really mad about this. And listen, I understand, things go wrong with a car, you’re gonna get frustrated,” he said.
“We Sell Our Vehicles As-Is”
The car seller said that he believed this particular scenario was a bit different than some used car sales.
“It’s not like we’ve had the car two months … already went through our service department. And there’s a major engine overhaul or transmission issue with it. The car just arrived on our lot on Saturday. We made you aware that we sell our vehicles as is, and this specific one has not gone through our service process at all. We haven’t even looked at it. Haven’t inspected it, shoot I hadn’t even marked the car … arrived from auction yet,” he explained.
At the end of his video, Salomon asked viewers what they thought of the ordeal. Numerous people replied that it was the dealership’s responsibility to stick to their policy before selling the vehicle. One wrote,“Your fault … also in most states licensed dealers have to give at least 30 day warranty.”
Another agreed, “Yours for agreeing to sell it that way to begin with. Should have gone through your process no matter what.” Someone else echoed the aforementioned statement: “1,000 percent the dealer’s fault. Fix that car and teach your salesmen to say no.”
What Are The Laws Regarding As-Is Sales?
According to his profile, Salomon is the sales manager of C&L Motors in Tampa, Florida. Generally, as-is contracts in Florida mean that “the buyer accepts the vehicle in its current condition … [including] all faults—known or unknown,” 888 Legal writes. The law firm writes that this covers “undisclosed accident history … odometer fraud … salve or rebuilt titles … [and] engine or transmission failure days after purchase.”
Legally, the “as-is” agreement is upheld, but another law firm, Pike & Lustig, says that these agreements “do not prevent the buyer from filing an [Florida Deceptive and Unfair Trade Practices Act] claim for fraud.” This means the buyer could pursue legal action, though it doesn't guarantee they'd win. Under the act, sellers can be “liable for material misrepresentations or material omissions,” Pike & Lustig writes. Additionally, the law firm states that this is the case “even if the buyer signed an as-is contract.”
Motor1 has reached out to Salomon via TikTok direct message and C&L Motors via email for further comment. We'll update this if either replies.
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