Buying and owning an automobile for most all of us, is a life-long experience. The purchase cost, especially for a new car, may be second only to a home purchase or college tuition in size. Buying a used car is fraught with it’s own set of hidden pitfalls. And whether new or used, auto ownership will involve maintenance & repair questions, warranty issues, and eventually questions about trade-in value.
This is our second in a series on purchasing owning and automobile. The first article can be seen here, Buying a New Car. Content for both articles is taken from the FTC Consumer Information web site, Buying and Owning a Car. Future articles will cover Warranties, Service Contracts, Renting a Car, Repair & Maintenance, and Purchase vs. Lease.
Before You Buy a Used Car
“Before you start shopping for a used car, do some homework. It may save you serious money. Consider your driving habits, what the car will be used for, and your budget. Research models, options, costs, repair records, safety tests, and mileage — online and through libraries and book stores.” FTC Buying a Used Car
- Whether you buy a used car from a dealer or an individual:
- Test drive the car under varied road conditions — on hills, highways, and in stop-and-go traffic.
- Ask for the car’s maintenance record from the owner, dealer, or repair shop.
- Talk to the previous owner, especially if the current owner is unfamiliar with the car’s history.
- Hire a mechanic to inspect the car.
- Determine the value of the vehicle before you negotiate the purchase. Check the National Automobile Dealers Association’s (NADA) Guides, Edmunds, and Kelley Blue Book.
- Research the frequency of repair, maintenance costs, and recalls on the models you’re interested in. The U.S. Department of Transportation’s Vehicle Safety Hotline (1-888-327-4236) and website have information on recalls. Ask the dealer for information showing the vehicle was repaired, and corrected, for the recall issues.
- Get an independent review of a vehicle’s history. Check a trusted database service that gathers information from state and local authorities, salvage yards, and insurance companies. For example, the Department of Justice’s National Motor Vehicle Title Information System (NMVTIS) offers information about a vehicle’s title, odometer data, and certain damage history. Expect to pay a nominal fee for each report. The National Insurance Crime Bureau (NICB) maintains a free database that includes flood damage and other information. You can investigate a car’s history by its Vehicle Identification Number (VIN). You also can search online for companies that sell vehicle history reports. If the report isn’t recent or you suspect that it has missing or fabricated information, verify it with the reporting company. The information in the reports may not be complete, so you may want to get a second report from a different reporting company. Some dealer websites have links to free reports.
You have two choices: pay in full or finance over time. Financing increases the total cost of the car because you’re also paying for the cost of credit, including interest and other costs. You also must consider how much you can put down, the monthly payment, the financing term (such as 48 months), and the annual percentage rate (APR). Rates usually are higher and financing periods shorter on used cars than on new ones.
Dealers and other finance sources (like finance companies, credit unions, and banks) offer a variety of financing terms. Shop around, compare offers, and negotiate the best deal you can. If you’re a first-time buyer — or if your credit isn’t great — be cautious about special financing offers. They can require a big down payment and a high APR. If you agree to financing that carries a high APR, you may be taking a big risk. If you decide to sell the car before the end of the financing period, the amount you get from the sale may be far less than the amount you need to pay off the financing agreement. If the car is repossessed or declared a total loss because of an accident, you may have to pay a considerable amount to repay the loan even after the proceeds from the sale of the car or the insurance payment have been deducted. If money is tight, you might consider paying cash for a less expensive car than you first had in mind.
If you decide to finance, make sure you understand the financing agreement before you sign any documents.
- What is the exact price you’re paying for the vehicle?
- How much are you financing?
- What is the finance charge (the dollar amount the credit will cost you)?
- What is the APR (a measure of the cost of credit, expressed as a yearly rate)?
- How many payments will you be making — and how much is each one?
- What is the total sales price — the sum of the monthly payments plus the down payment?
Dealer Sales and the Buyers Guide
Used cars are sold through a variety of outlets: franchised and independent dealers, rental car companies, leasing companies, used car superstores, and online. Ask friends, relatives, and co-workers for recommendations. Contact your local consumer protection agency and state Attorney General to find out if any unresolved complaints are on file about a particular dealer. You also can search online for complaints. Enter the name of the seller and the word “review” or “complaint” into a search engine.
Some dealers are attracting customers with “no-haggle prices,” “factory certified” used cars, and better warranties. Consider the dealer’s reputation when you evaluate its ads.
Dealers are not required by federal law to give used car buyers a three-day right to cancel. In some states, dealers are required to offer or honor a right to cancel. In other states, the right to return the car in a few days for a refund exists only if the dealer chooses to offer this privilege. Dealers may describe the right to cancel as a “cooling-off” period, a money-back guarantee, or a “no questions asked” return policy. Before you buy from a dealer, ask about the dealer’s return policy, get it in writing, and read it carefully.
The Federal Trade Commission’s (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they offer for sale. This includes light-duty vans, light-duty trucks, demonstrators, and program cars. Demonstrators are new cars that haven’t been owned, leased, or used as rentals, but have been driven by dealer staff. Program cars are low-mileage, current-model-year vehicles returned from short-term leases or rentals. Buyers Guides do not have to be posted on motorcycles and most recreational vehicles. Anyone who sells fewer than six cars a year doesn’t have to post a Buyers Guide.
The Buyers Guide must tell you:
- whether the vehicle is being sold “as is” or with a warranty
- what percentage of the repair costs a dealer will pay under the warranty
- that spoken promises are difficult to enforce
- to get all promises in writing
- to keep the Buyers Guide for reference after the sale
- the major mechanical and electrical systems on the car, including some of the major problems you should look out for
- to ask to have the car inspected by an independent mechanic before you buy
Maine and Wisconsin are exempt from the FTC’s Used Car Rule. Those states require dealers to display a different version of the Buyers Guide.
Dealer Identification and Consumer Complaint Information
The back of the Buyers Guide lists the name and address of the dealership. It also gives the name and telephone number of the contact at the dealership if you have problems or complaints after the sale.
Optional Signature Line
The dealer may include a buyer’s signature line at the bottom of the Buyers Guide. If the line is included, the following statement must be written or printed close to it: “I hereby acknowledge receipt of the Buyers Guide at the closing of this sale.” Your signature means you received the Buyers Guide at closing. It does not mean that the dealer complied with the Rule’s other requirements, such as posting a Buyers Guide in all the vehicles offered for sale.
Spanish Language Sales
If you buy a used car and the sales discussion is conducted in Spanish, you are entitled to see and keep a Spanish-language version of the Buyers Guide.
Pre-Purchase Independent Inspection
It’s best to have any used car inspected by an independent mechanic before you buy it. For about $100, you’ll get a general indication of the mechanical condition of the vehicle. An inspection is a good idea even if the car has been “certified” and inspected by the dealer and is being sold with a warranty or service contract. A mechanical inspection is different from a safety inspection. Safety inspections usually focus on conditions that make a car unsafe to drive. They are not designed to determine the overall reliability or mechanical condition of a vehicle.
To find a pre-purchase inspection facility, check the phone book under “Automotive Diagnostic Service,” go online, or ask friends, relatives, and co-workers for referrals. Look for facilities that display certifications like an Automotive Service Excellence (ASE) seal. Certification indicates that some or all the technicians meet basic standards of knowledge and competence in specific technical areas. Make sure the certifications are current, but remember that certification alone is no guarantee of good or honest work. Ask to see current licenses if state or local law requires them. Check with your state Attorney General’s office or local consumer protection agency to find out whether there’s a record of complaints about particular facilities. Or search online for comments.
There are no standard operating procedures for pre-purchase inspections. Ask what the inspection includes, how long it takes, and how much it costs. Get this information in writing.
If the dealer won’t let you take the car off the lot, perhaps because of insurance restrictions, you may be able to find a mobile inspection service that will go to the dealer. If that’s not an option, ask the dealer to have the car inspected at a facility you designate. You will have to pay the inspection fee. If a dealer won’t allow an independent inspection, you might want to consider doing business elsewhere.
Once the vehicle has been inspected, ask the mechanic for a written report with a cost estimate for all necessary repairs. Be sure the report includes the vehicle’s make, model, and VIN. If you decide to make a purchase offer to the dealer after considering the inspection’s results, you can use the estimated repair costs to negotiate the price of the vehicle.
The Buyers Guide lists an automobile’s 14 major systems and some serious problems that may occur in each. This list may help you and your mechanic evaluate the mechanical condition of the vehicle. The list also may help you compare warranties on different cars or by different dealers.
Buying a car from a private individual is different from buying from a dealer.
- 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 automobile’s major systems as a shopping tool, and you can ask the seller if you can have the vehicle inspected by your mechanic.
- 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. 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.
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, 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 have some options:
- 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 issues of 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.
- Contact your state Attorney General or the American Association of Motor Vehicle Administrators. You also might consider using a dispute resolution organization if you and the dealer are willing. Under the terms of many warranties, this may be a required first step before you can sue the dealer or manufacturer. Check your warranty to see if this is the case. 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.
If none of these steps is successful, small claims court is an option. Here, you can resolve disputes involving small amounts of money, often without an attorney. The clerk of your local small claims court can tell you how to file a suit and the dollar limit in your state.
The Magnuson-Moss Warranty Act also may be helpful. Under this federal law, you can sue based on breach of express warranties, implied warranties, or service contracts. If successful, consumers can recover reasonable attorneys’ fees and other court costs. A lawyer can advise you if this law applies.
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