INDIANAPOLIS — The goal of buying a used car is to save money. But if that car suddenly stops working, repair costs could quickly eliminate any savings.
Buying a used car
Kelli Jo Wynne was excited for her new, used car.
"It still smells like a nice, clean, new car," Wynne said.
While she has owned the used Range Rover for more than three months, she has only been able to drive it for three days.
"Awful," Wynne said. "Not only are you making the car payment, you have to make the insurance payment as well."
Wynne bought the car for around $25,000 on a Friday.
The next day, Wynne said she heard loud noises and touched base with the dealer she bought it from, Carmel Motors.
"He said, 'OK, yeah, that is weird. Let's notify the sales manager Monday morning.'" Wynne recalled.
After the call, Wynne continued to drive her car.
By Monday, she said white smoke was coming from the back of the car, so she got the car towed to her local mechanic in Ohio.
"I'm really sorry to give you this information, but this is going to need a complete new engine installation, which immediately made my heart sink," Wynne said.
She said the estimate given to her was around $23,000.
Wynne asked Carmel Motors for her money back.
While they told her "no" for a few reasons, the main one is just two short words: As Is.
The Wynnes agreed to buy the car "as is," meaning problems past, present and future are theirs.
And those two words are part of the reason used car complaints are no stranger to the Indiana Attorney General's Office.
Deputy Attorney General Mark Snodgrass works with Attorney General Todd Rokita. Snodgrass said their office receives roughly 1,000 complaints a year.
"I know right now, we're on about 800 for used vehicles," Snodgrass said.
Just like you would hire a home inspector to look at a house, they suggest hiring a private mechanic to inspect the used car.
Customers can prepare for that appointment by providing the mechanic with the CarFax vehicle report.
You can also ask for extra language to be added to your contract.
"There are a few dealers that offer a seven day return policy or may write down that you can test drive the car for a few days," Snodgrass said, "that needs to be in writing, given to prior for the sale."
Researching car dealers
Rokita said if the dealer did not make any specific misrepresentation, if they did not deceive the consumer, then there is nothing under Indiana law that can force a dealer to pay for your car repair.
"At that point, it's your car," Rokita said.
To see what the state has forced dealers to do, look at two places: Indiana MyCase and the Indiana Secretary of State.
MyCase, Indiana's court record system, shows you small claims cases filed by consumers and enforcement actions filed by the attorney general's office.
The Secretary of State site will show actions against their dealer license.
The current situation
As for Wynne, she's not happy with the latest offer from Carmel Motors.
"They said they would give me credit for this vehicle the way it sits with the non-working engine toward another one of their vehicles on their lot," Wynne said. "I don't feel really confident about it at this point."
She's leaving her new, used car "as is" until she can figure out a plan to pay for it.
Carmel Motors' lawyer told us that Wynne's car issue "could not have been pre-existing at the time of delivery because a failed timing chain/belt will not let the engine run. There is no way she could have driven home to Ohio and thereafter had the problem existed."
The lawyer added that Carmel Motors "prepares every vehicle prior to offering it for retail sale by, among other things, checking all codes and test driving it. The only codes found were related to the tire pressure monitoring system, the ASL light (cruise control indicator) and the PCV valve. All were addressed, the PCV valve was replaced."