PPI Missed a Major Issue, Dealer Liable?
#16
Unfortunatly you don't have a case, quite simply a pre purchase inspection is just that, an inspection. They assume no liability for the car itself should you chose to purchase and unless you asked specifically for past documents, they have no obligation to give them to you. There are simply too many vairables on modern cars to garuntee anything in writing after doing a PPI, regardless of how extensive the work. Brian is spot on when he says no one would actually want to pay true labor on how long it would take to inspect every aspect of the vehicle. PPI's should be thought of as second opinions, and in that case if a car is at all "suspect" more than one should be performed. We pay lower prices when buying cars used for that very reason, its nearly impossible to avoid a lemon 100% of the time. IMHO I'd do a quick PPI AND get a good warranty from a reputable company anytime I purchased a car of value. Sorry you had to foot the bill however, its a bad situation all around.
#17
I'd agree with you 100% if the problem they failed to find was in the engine or with the brakes or something unforeseen, but they were notified of the exact problem by the prior owner less than two months before the inspection. For all I know, he had it inspected and found out what it would cost to fix and put it up for sale the next day. If they can't find a problem there were already notified about, they shouldn't be taking money to perform inspections.
Here's my thinking: I hire a termite company to check my house for termites and they find them. Then you want to buy my house and hire the same company to inspect the house for termites and they don't find them. The day after the sale the house collapses due to termite damage. I would fully expect you to sue either me or the termite company or both due to negligence, misrepresentation or even fraud.
No?
Here's my thinking: I hire a termite company to check my house for termites and they find them. Then you want to buy my house and hire the same company to inspect the house for termites and they don't find them. The day after the sale the house collapses due to termite damage. I would fully expect you to sue either me or the termite company or both due to negligence, misrepresentation or even fraud.
No?
#18
I agree. The determining factor in this case is that they knew of the issue and didn't disclose it. There is a good argument that failing to check your own service records on a car you are inspecting is negligence. Now, a smart dealership will have a written contract with the person purchasing the inspection limiting their liability, and depending on the state, can even limit their liability when they are negligent.
#20
I think you have a case. The whole idea of a PPI is to find the problems and not accessing prior service history is idiotic if not negligent. How can you possible inspect the car without looking at the records?
You can't help to think whoever did the PPI is pretty f'n stupid for not identifying the problem and offering to correct it at a substantial profit to the dealer and commission for the service writer. IMO, that is the reason they offer the service in the first place.
You can't help to think whoever did the PPI is pretty f'n stupid for not identifying the problem and offering to correct it at a substantial profit to the dealer and commission for the service writer. IMO, that is the reason they offer the service in the first place.
#22
listen to this guy, get yourself an attorney! I'm going through a similar situation, feel free to PM me.
I think you have a case. The whole idea of a PPI is to find the problems and not accessing prior service history is idiotic if not negligent. How can you possible inspect the car without looking at the records?
You can't help to think whoever did the PPI is pretty f'n stupid for not identifying the problem and offering to correct it at a substantial profit to the dealer and commission for the service writer. IMO, that is the reason they offer the service in the first place.
You can't help to think whoever did the PPI is pretty f'n stupid for not identifying the problem and offering to correct it at a substantial profit to the dealer and commission for the service writer. IMO, that is the reason they offer the service in the first place.
#23
Wow. It amazes me how so many people give free passes. I absolutely hate frivolous lawsuits, but jesus man, this is absurd.
The exact same dealership diagnosed and acknowledged this HUGE and expensive problem and didn't even mention it to him? Maybe every single fiber of common sense has fallen by the wayside to coincide with everybody's lack of responsibility for ANYTHING, but the guy took a car to a dealership, the very same dealership that told the prior owner he needed a new tranny, and they didn't even mention it to him?
I buy cars at auctions. I get the vin number, call the local dealer and they fax me the entire service record for the car. Are you telling me they wouldn't have even looked at it as part of the inspection? What DO they do then, check the oil and tire pressure? Oh, maybe he doesn't have original tires so they wouldn't check tire pressure.
I find it, well, unbelievable that they would overlook something like that given the history and the fact that the same dealership diagnosed it to begin with. Oh well...
The exact same dealership diagnosed and acknowledged this HUGE and expensive problem and didn't even mention it to him? Maybe every single fiber of common sense has fallen by the wayside to coincide with everybody's lack of responsibility for ANYTHING, but the guy took a car to a dealership, the very same dealership that told the prior owner he needed a new tranny, and they didn't even mention it to him?
I buy cars at auctions. I get the vin number, call the local dealer and they fax me the entire service record for the car. Are you telling me they wouldn't have even looked at it as part of the inspection? What DO they do then, check the oil and tire pressure? Oh, maybe he doesn't have original tires so they wouldn't check tire pressure.
I find it, well, unbelievable that they would overlook something like that given the history and the fact that the same dealership diagnosed it to begin with. Oh well...
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