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Before
you start shopping for a car, you'll need to do some
homework. Spending time now may save you serious money
later. Think about your driving habits, your needs,
and your budget. You can learn about car models, options,
and prices by reading newspaper ads, both display and
classified. There is a wealth of information about used
cars on the Internet: enter "used car" as
the key words and you'll find additional information
on how to buy a used car, detailed instructions for
conducting a pre-purchase inspection, and ads for cars
available for sale, among other information. Libraries
and book stores also have publications that compare
car models, options, and costs, and offer information
about frequency-of-repair records, safety tests, and
mileage. Many of these publications have details on
the do's and don'ts of buying a used car.
Once you've narrowed
your car choices, research the frequency of repair and
maintenance costs on the models in auto-related consumer
magazines. The U.S. Department of Transportation's Auto
Safety Hotline (1-800-424-9393) gives information on
recalls.
PAYMENT OPTIONS
You have two choices:
pay in full or finance over time. If you finance, the
total cost of the car increases. That's because you're
also paying for the cost of credit, which includes interest
and other loan costs. You'll also have to consider how
much you can put down, your monthly payment, the length
of the loan, and the annual percentage rate (APR). Keep
in mind that annual percentage rates usually are higher
and loan periods generally are shorter on used cars
than on new ones.
Dealers and lenders
offer a variety of loan terms and payment schedules.
Shop around, compare offers, and negotiate the best
deal you can. Be cautious about advertisements offering
financing to first-time buyers or people with bad credit.
These offers often 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 loan expires, the amount you
receive from the sale may be far less than the amount
you need to pay off the loan. If the car is repossessed
or declared a total loss because of an accident, you
may be obligated 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
your budget is tight, you may want to consider paying
cash for a less expensive car than you first had in
mind.
If you decide to finance,
make sure you understand the following aspects of the
loan agreement before you sign any documents:
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the exact price
you're paying for the vehicle;
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the amount you're
financing;
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the finance charge
(the dollar amount the credit will cost you);
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the APR (a measure
of the cost of credit, expressed as a yearly rate);
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the number and
amount of payments; and
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the total sales
price (the sum of the monthly payments plus the
down payment).
DEALER SALES
Used cars are sold
through a variety of outlets: franchise and independent
dealers, rental car companies, leasing companies, and
used car superstores. You can even buy a used car on
the Internet. Ask friends, relatives and co-workers
for recommendations. You may want to call your local
consumer protection agency, state Attorney General (AG),
and the Better Business Bureau (BBB) to find out if
any unresolved complaints are on file about a particular
dealer.
Some dealers are attracting
customers with "no-haggle prices," "factory
certified" used cars, and better warranties. Consider
the dealer's reputation when you evaluate these ads.
Dealers are not required
by law to give used car buyers a three-day right to
cancel. The right to return the car in a few days for
a refund exists only if the dealer grants this privilege
to buyers. 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 purchase 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 have not 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 less than six cars a year doesn't have
to post a Buyers Guide.
The Buyers Guide
must tell you:
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whether the vehicle
is being sold "as is" or with a warranty;
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what percentage
of the repair costs a dealer will pay under the
warranty;
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that spoken promises
are difficult to enforce;
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to get all promises
in writing;
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to keep the Buyers
Guide for reference after the sale;
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the major mechanical
and electrical systems on the car, including some
of the major problems you should look out for; and
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to ask to have
the car inspected by an independent mechanic before
you buy.
When you buy a used
car from a dealer, get the original Buyers Guide that
was posted in the vehicle, or a copy. The Guide must
reflect any negotiated changes in warranty coverage.
It also becomes part of your sales contract and overrides
any contrary provisions. For example, if the Buyers
Guide says the car comes with a warranty and the contract
says the car is sold "as is," the dealer must
give you the warranty described in the Guide.
As Is - No Warranty
When the dealer offers
a vehicle "as is," the box next to the "As
Is - No Warranty" disclosure on the Buyers Guide
must be checked. If the box is checked but the dealer
promises to repair the vehicle or cancel the sale if
you're not satisfied, make sure the promise is written
on the Buyers Guide. Otherwise, you may have a hard
time getting the dealer to make good on his word. Some
states, including Connecticut, Kansas, Maine, Maryland,
Massachusetts, Minnesota, Mississippi, New Jersey, New
York, Rhode Island, Vermont, West Virginia and the District
of Columbia, don't allow "as is" sales for
many used vehicles.
Three states - Louisiana,
New Hampshire, and Washington - require different disclosures
than those on the Buyers Guide. If the dealer fails
to provide proper state disclosures, the sale is not
"as is." To find out what disclosures are
required for "as is" sales in your state,
contact your state Attorney General.
Implied Warranties
State laws hold dealers
responsible if cars they sell don't meet reasonable
quality standards. These obligations are called implied
warranties - unspoken, unwritten promises from the seller
to the buyer. However, dealers in most states can use
the words "as is" or "with all faults"
in a written notice to buyers to eliminate implied warranties.
There is no specified time period for implied warranties.
Warranty of Merchantability
The most common type
of implied warranty is the warranty of merchantability:
The seller promises that the product offered for sale
will do what it's supposed to. That a car will run is
an example of a warranty of merchantability. This promise
applies to the basic functions of a car. It does not
cover everything that could go wrong.
Breakdowns and other
problems after the sale don't prove the seller breached
the warranty of merchantability. A breach occurs only
if the buyer can prove that a defect existed at the
time of sale. A problem that occurs after the sale may
be the result of a defect that existed at the time of
sale or not. As a result, a dealer's liability is judged
case-by-case.
Warranty of Fitness
for a Particular Purpose
A warranty of fitness
for a particular purpose applies when you buy a vehicle
based on the dealer's advice that it is suitable for
a particular use. For example, a dealer who suggests
you buy a specific vehicle for hauling a trailer in
effect is promising that the vehicle will be suitable
for that purpose.
If you have a written
warranty that doesn't cover your problems, you still
may have coverage through implied warranties. That's
because when a dealer sells a vehicle with a written
warranty or service contract, implied warranties are
included automatically. The dealer can't delete this
protection. Any limit on an implied warranty's time
must be included on the written warranty.
In states that don't
allow "as is" sales, an "Implied Warranties
Only" disclosure is printed on the Buyers Guide
in place of the "As Is" disclosure. The box
beside this disclosure will be checked if the dealer
decides to sell the car with no written warranty.
In states that do
allow "as is" sales, the "Implied Warranties
Only" disclosure should appear on the Buyers Guide
if the dealer decides to sell a vehicle with implied
warranties and no written warranty. A copy of the Buyers
Guide with the "Implied Warranties Only" disclosure
is on page 13.
Dealers who offer
a written warranty must complete the warranty section
of the Buyers Guide. Because terms and conditions vary,
it may be useful to compare and negotiate coverage.
Dealers may offer
a full or limited warranty on all or some of a vehicle's
systems or components. Most used car warranties are
limited and their coverage varies. A full warranty includes
the following terms and conditions:
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Anyone who owns
the vehicle during the warranty period is entitled
to warranty service.
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Warranty service
will be provided free of charge, including such
costs as removing and reinstalling a covered system.
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You have the choice
of a replacement or a full refund if, after a reasonable
number of tries, the dealer cannot repair the vehicle
or a covered system.
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You only have
to tell the dealer that warranty service is needed
in order to get it, unless the dealer can prove
that it is reasonable to require you to do more.
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Implied warranties
have no time limits.
If any of these statements
don't apply, the warranty is limited.
A full or limited
warranty doesn't have to cover the entire vehicle. The
dealer may specify that only certain systems are covered.
Some parts or systems may be covered by a full warranty;
others by a limited warranty.
The dealer must check
the appropriate box on the Buyers Guide to indicate
whether the warranty is full or limited and the dealer
must include the following information in the "Warranty"
section:
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the percentage
of the repair cost that the dealer will pay. For
example, "the dealer will pay 100 percent of
the labor and 100 percent of the parts . . .";
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the specific parts
and systems - such as the frame, body, or brake
system - that are covered by the warranty. The back
of the Buyers Guide lists the major systems where
problems may occur;
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the warranty term
for each covered system. For example, "30 days
or 1,000 miles, whichever comes first"; and
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whether there's
a deductible and, if so, how much.
You have the right
to see a copy of the dealer's warranty before you buy.
Review it carefully to determine what is covered. The
warranty gives detailed information, such as how to
get repairs for a covered system or part. It also tells
who is legally responsible for fulfilling the terms
of the warranty. If it's a third party, investigate
their reputation and whether they're insured. Find out
the name of the insurer, and call to verify the information.
Then check out the third-party company with your local
Better Business Bureau. That's not foolproof, but it
is prudent. Make sure you receive a copy of the dealer's
warranty document if you buy a car that is offered with
a warranty.
Unexpired Manufacturer's
Warranties
If the manufacturer's
warranty still is in effect, the dealer may include
it in the "systems covered/duration" section
of the Buyers Guide. To make sure you can take advantage
of the coverage, ask the dealer for the car's warranty
documents. Verify the information (what's covered, expiration
date/miles, necessary paperwork) by calling the manufacturer's
zone office. Make sure you have the Vehicle Identification
Number (VIN) when you call.
Service Contracts
Like a warranty, a
service contract provides repair and/or maintenance
for a specific period. But warranties are included in
the price of a product, while service contracts cost
extra and are sold separately. To decide if you need
a service contract, consider whether:
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the service contract
duplicates warranty coverage or offers protection
that begins after the warranty runs out. Does the
service contract extend beyond the time you expect
to own the car? If so, is the service contract transferable
or is a shorter contract available?
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the vehicle is
likely to need repairs and their potential costs.
You can determine the value of a service contract
by figuring whether the cost of repairs is likely
to exceed the price of the contract.
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the service contract
covers all parts and systems. Check out all claims
carefully. For example, "bumper to bumper"
coverage may not mean what you think.
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a deductible is
required and, if so, the amount and terms.
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the contract covers
incidental expenses, such as towing and rental car
charges while your car is being serviced.
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repairs and routine
maintenance, such as oil changes, have to be done
at the dealer.
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there's a cancellation
and refund policy for the service contract and,
whether there are cancellation fees.
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the dealer or
company offering the service contract is reputable.
Read the contract carefully to determine who is
legally responsible for fulfilling the terms of
the contract. Some dealers sell third-party service
contracts.
The dealer must check
the appropriate box on the Buyers Guide if a service
contract is offered, except in states where service
contracts are regulated by insurance laws. If the Guide
doesn't include a service contract reference and you're
interested in buying one, ask the salesperson for more
information.
If you buy a service
contract from the dealer within 90 days of buying a
used vehicle, federal law prohibits the dealer from
eliminating implied warranties on the systems covered
in the contract. For example, if you buy a car "as
is," the car normally is not covered by implied
warranties. But if you buy a service contract covering
the engine, you automatically get implied warranties
on the engine. These may give you protection beyond
the scope of the service contract. Make sure you get
written confirmation that your service contract is in
effect.
Spoken Promises
The Buyers Guide cautions
you not to rely on spoken promises. They are difficult
to enforce because there may not be any way for a court
to determine with any confidence what was said. Get
all promises written into the 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 or less, 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 your Yellow Pages under "Automotive
Diagnostic Service" 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
of 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. Also ask
to see current licenses if state or local law requires
such facilities to be licensed or registered. 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.
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.
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.
Make sure you understand every item. 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.
Vehicle Systems
The Buyers Guide lists
an auto'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 offered
on different cars or by different dealers.
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 person
you should 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.
PRIVATE SALES
An alternative to
buying from a dealer is buying from an individual. You
may see ads in newspapers, 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.
BEFORE YOU BUY
A USED CAR
Whether you buy a
used car from a dealer, a co-worker, or a neighbor,
follow these tips to learn as much as you can about
the car:
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Examine the car
yourself using an inspection checklist. You can
find a checklist in many of the magazine articles,
books and Internet sites that deal with buying a
used car.
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Test drive the
car under varied road conditions - on hills, highways,
and in 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.
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, there are several steps you can take:
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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. You also might
consider using a dispute resolution organization
to arbitrate your disagreement 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.
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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 what the dollar limit is in your
state.
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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 a service contract. 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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