• Report: #207752

Complaint Review: DriveTime

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  • Submitted: Thu, August 24, 2006
  • Updated: Sun, August 27, 2006

  • Reported By:Richmond Virginia
DriveTime
4112 West Broad Street Richmond, Virginia U.S.A.

DriveTime Ripoff Fraud Time Richmond Virginia

*Consumer Suggestion: Did you sign a buyers guide? If not you can cancel

*Consumer Suggestion: Mike...Absolutely NOT true!! re: "implied warranty"..

*Consumer Suggestion: Consider the possibility of an implied warranty.

*Consumer Suggestion: Consider the possibility of an implied warranty.

*Consumer Suggestion: Consider the possibility of an implied warranty.

*Consumer Suggestion: Consider the possibility of an implied warranty.

*Consumer Comment: Sara..This is killing me..I just have to ask..

*Consumer Comment: Yes, there is a Lemon Law

*Consumer Comment: Yes, there is a Lemon Law

*Consumer Comment: No lemon law on usd cars............

*Consumer Suggestion: Info for Leigh and Russ..Re; Warranty and Lemon Law..

*Consumer Comment: RE: Lemon Law

*Consumer Comment: Lemon Law

*Consumer Suggestion: As Is?

*Consumer Comment: This is really your fault

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We purchased a minivan on August19,2006, and before we made it home we knew we were in trouble. The van pulled to the right, the tire pressure gage wouldn't go off, the cruise control didn't work,it was leaking oil like crazy. And the van's sliding doors rattled like crazy.

As soon a we made it home I called and spoke to the manger Demond. He said he would look into and get back to us Monday. We were really concerned so we had the local body shop look at the van. They looked up under the van and said it had impacted damage.He said it looked like they had tried to fix it with junkyard parts.
When no call came Monday, we took the van back to Drivetime and told them we didn't want their lemon. My husband and the manger Looked under tha van and the manger noted the damage. The manger Demond said the didn't sell wracked vehicles. And he would get our trade-in title back.

But now he is saying that we are legally bound to the sale.We had the vehicile 24 hours, and the damage was not disclosed to us, so legally this is fraud.So , this is why I called my story DriveTime, FRAUDTIME!!!!!
I would rather by a bike than to by one of their screwed over vehiciles.

Sara
Richmond, Virginia
U.S.A.

This report was posted on Ripoff Report on 08/24/2006 05:01 PM and is a permanent record located here: http://www.ripoffreport.com/r/DriveTime/Richmond-Virginia-23230/DriveTime-Ripoff-Fraud-Time-Richmond-Virginia-207752. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 15Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Did you sign a buyers guide? If not you can cancel

AUTHOR: Mark - (U.S.A.)

Lemon law is only for the first owner, and one the car was wrecked, it was null an void. VA is an AS IS state, so no implied warranty. That being said here is a direct quote from VA law

-- For "used" car buyers purchasing vehicles sold "as is" but without the mandatory Buyers Guide window sticker, there is the right to cancel the deal during the first thirty days.
-- Dealers unable to complete vehicle title registration with DMV during the first thirty days must accept return of the vehicle once the temporary certificate of ownership (30 day tags) has lapsed without renewal.

What that means is if the dealer does not have a buyers guide (as/is warranty) sticker signed by you, you can cancel the deal. If you signed the sticker, the car is yours
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#2 Consumer Suggestion

Mike...Absolutely NOT true!! re: "implied warranty"..

AUTHOR: Steve - (U.S.A.)

Mike,

Your assumptions and statement regarding an implied warranty on an as-is auto sale is flat out incorrect.

If you take time to actually read an "AS-IS" notice on a used car, it clearly states that the buyer assumes all risk in the transaction and that no warranty of any kind is expressed or implied.

Unless the dealer specifically promised the buyer that the car would make it home, there is no warranty as such.

AS-IS means just that. AS-IS. No warranty of any kind. No guarantee. Buyer assumes all risk. That is the law.

Furthermore, the buyer test drove the vehicle, and had the option at that point to buy the vehicle, or not buy the vehicle. She CHOSE to buy the vehicle WITH the knowledge of SEVERAL defects.

How can people always blame others for the bad choices they make after the fact? People need to take responsibility for the choices they make, and also to take the time to be an informed consumer rather than an impulse buyer.
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#3 Consumer Suggestion

Consider the possibility of an implied warranty.

AUTHOR: Mike - (U.S.A.)

Virginia lemon law applies to cars that have less than 18 months since delivery to the first retail buyer. It can be a used car, could even have been resold more than once, but it would have to be a very late model. Lemon lawas are all based on compliance with the manufacturer's warranty. Any car that is no longer under the manufacturer's warranty is not elligible for lemon law protection.

Best bet here is the doctrine of "implied warranty" Even "as-is" merchanidse has to be fit for the purpose for which it was sold as of the time of sale (no guarantee it won't fail later). Here a dealer is selling cars off of their lot with the implied representation that they are ready to take home and drive. They have to be safe and legal to drive on public roads. The crash damage and bent frame may be considered a safety defect.
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#4 Consumer Suggestion

Consider the possibility of an implied warranty.

AUTHOR: Mike - (U.S.A.)

Virginia lemon law applies to cars that have less than 18 months since delivery to the first retail buyer. It can be a used car, could even have been resold more than once, but it would have to be a very late model. Lemon lawas are all based on compliance with the manufacturer's warranty. Any car that is no longer under the manufacturer's warranty is not elligible for lemon law protection.

Best bet here is the doctrine of "implied warranty" Even "as-is" merchanidse has to be fit for the purpose for which it was sold as of the time of sale (no guarantee it won't fail later). Here a dealer is selling cars off of their lot with the implied representation that they are ready to take home and drive. They have to be safe and legal to drive on public roads. The crash damage and bent frame may be considered a safety defect.
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#5 Consumer Suggestion

Consider the possibility of an implied warranty.

AUTHOR: Mike - (U.S.A.)

Virginia lemon law applies to cars that have less than 18 months since delivery to the first retail buyer. It can be a used car, could even have been resold more than once, but it would have to be a very late model. Lemon lawas are all based on compliance with the manufacturer's warranty. Any car that is no longer under the manufacturer's warranty is not elligible for lemon law protection.

Best bet here is the doctrine of "implied warranty" Even "as-is" merchanidse has to be fit for the purpose for which it was sold as of the time of sale (no guarantee it won't fail later). Here a dealer is selling cars off of their lot with the implied representation that they are ready to take home and drive. They have to be safe and legal to drive on public roads. The crash damage and bent frame may be considered a safety defect.
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#6 Consumer Suggestion

Consider the possibility of an implied warranty.

AUTHOR: Mike - (U.S.A.)

Virginia lemon law applies to cars that have less than 18 months since delivery to the first retail buyer. It can be a used car, could even have been resold more than once, but it would have to be a very late model. Lemon lawas are all based on compliance with the manufacturer's warranty. Any car that is no longer under the manufacturer's warranty is not elligible for lemon law protection.

Best bet here is the doctrine of "implied warranty" Even "as-is" merchanidse has to be fit for the purpose for which it was sold as of the time of sale (no guarantee it won't fail later). Here a dealer is selling cars off of their lot with the implied representation that they are ready to take home and drive. They have to be safe and legal to drive on public roads. The crash damage and bent frame may be considered a safety defect.
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#7 Consumer Comment

Sara..This is killing me..I just have to ask..

AUTHOR: Steve - (U.S.A.)

Sara,

You wrote: "We purchased a minivan on August19,2006, and before we made it home we knew we were in trouble. The van pulled to the right, the tire pressure gage wouldn't go off, the cruise control didn't work,it was leaking oil like crazy. And the van's sliding doors rattled like crazy".

"the tire pressure gage wouldn't go off" is the part of that which has me puzzled. As a mechanic of many years, I have never seen this complaint. Would you explain exactly what you meant by this?

As far as all of the other items, you didn't notice all of these defects on your test drive? You did test drive it, right? If it was leaking oil like crazy, you didn't notice the puddle under it?

Too many things just don't add up here. You made a bad decision and want someone to blame. Nobody forced you to buy that vehicle. Right?
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#8 Consumer Comment

Yes, there is a Lemon Law

AUTHOR: Robert - (U.S.A.)

Unfortunately, it only applies to new vehicles. Used cars are sold at the buyer's risk.
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#9 Consumer Comment

Yes, there is a Lemon Law

AUTHOR: Robert - (U.S.A.)

Unfortunately, it only applies to new vehicles. Used cars are sold at the buyer's risk.
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#10 Consumer Comment

No lemon law on usd cars............

AUTHOR: Mark - (U.S.A.)

No lemon law on used cars...........
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#11 Consumer Suggestion

Info for Leigh and Russ..Re; Warranty and Lemon Law..

AUTHOR: Steve - (U.S.A.)

Leigh,

The lemon law only applies to new vehicles. This was a used vehicle. Drive Time does not sell new vehicles, so the lemon law will never apply.

Russ,

All Drive Time vehicles clearly have the AS-IS sticker displayed. That is the only way they sell that junk. As-IS! They will verbally tell you they will fix things, and sometimes they will, but rarely will they put it in writing.

Drive time sells JUNK that they get from auctions mostly. Beware of previously flooded, burned or wrecked, etc.. they get them cheap.

The term "Buyer Beware" applies here. You really need to THOROUGHLY inspect a vehicle BEFORE signing your name!
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#12 Consumer Comment

RE: Lemon Law

AUTHOR: Cory - (U.S.A.)

Is there such a thing as a lemon law on a ; pulling to the right, tire pressure gage wouldn't go off(?) oil leaking, rattling, wrecked and repaired with junkyard parts, old POS???????? I don't know. What's VA law say?
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#13 Consumer Comment

Lemon Law

AUTHOR: Leigh - (U.S.A.)

There is such thing as a Lemon Law...........
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#14 Consumer Suggestion

As Is?

AUTHOR: Russ - (U.S.A.)

Did you buy the vehicle "As Is"? Was there a warranty posted? If you bought the car "As Is" you have no rights or recourse. If there was a written warranty, you have a valid argument.
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#15 Consumer Comment

This is really your fault

AUTHOR: Dave - (U.S.A.)

You state in your post, and I quote, "We purchased a minivan on August19,2006, and before we made it home we knew we were in trouble." Then you state all of these major items that need fixing that you noticed on the drive home.

I am sure all these things were present when you test drove the van in the beginning. You knew about it, but you bought the van anyways, without getting it checked out first. Then, you expect a scummy car dealer like Drive Time to take it back? Next time, check out the company you are dealing with, and the car you're going to buy before signing anything...
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