Auto (lemon) purchase advice

[Omar Little]

Could use advice from the board...

Purchased a vehicle about six weeks ago from a small used dealership for 15k (66,000 miles on a 2011 Mercedes sedan). First week the car is dripping what looks like oil all over the place and wont run. Dealer apologizes, wants to "make things right" and has it picked up and taken to his preferred mechanic. Mechanic replaces the oil filter mount, resets the computer errors and gives it back to us. Seems to run ok for another week or so after we get it back. My son and wife are driving it around and it shuts down and wont run. Dealer takes it to his guy again and he replaces the serpentine belt and resets the computer codes again. A week or so later, vehicle shuts down and is hemorrhaging fluids. I decide to take it to an independent mechanic, European Auto, who works with Mercedes a lot. He states the engine is trashed... has overheated several times in the past and is mixing oil and coolant. When I call the dealer and tell him this he's first disappointed, not because the car is having issues again, instead because I took it to someone else to have them look at it and he mutters he has "ways around this." He proceeds to call the mechanic to get his word on it and the mechanic reiterates the engine is hosed and it would be incredibly expensive to replace the engine in this vehicle (10's of thousands).

A week goes by and I text the dealer and ask him what the deal is. He says he will have something figured out within 24 hours and will get back to me. 5 days later havent heard anything. I call the European Auto and apologize the car is still sitting on his lot and that I'm trying to get this dealt with. European Auto is totally cool about it and states when he was on the phone with the dealer several days ago, the dealer mentioned he would have me purchase a warranty and make a claim to get the engine fixed. Euro Auto guy tells me he pointed out to the guy those warranties have caps on them and that this job would supersede that cap significantly, most likely. The warranty he tried to sell my wife and son was 7k. Also, this route would clearly be insurance fraud.

Any advice? Nebraska lemon laws only apply to new vehicles I believe.


I'm considering the following actions:

• File Better Business Bureau complaint
• Negative review on Concierge Auto Facebook site
• Negative review on Concierge Auto Google Reviews
• Create and launch Concierge Auto Fraud facebook page.
• Lawyer consultation

 

[Mavsker]

Damn...sorry OP
If you bought it As Is you might be boned
I wouldn't recommend going the insurance fraud route especially now that you've posted about it

 

[Link-]

Not a lawyer and this is not legal advice, but here’s what GPT suggested:

You’re right that Nebraska’s lemon laws apply only to new vehicles, so those likely won’t help in this situation. However, you still have potential options for recourse under consumer protection laws and through civil litigation if necessary. Here are some steps to consider:

1. Document Everything
• Collect all receipts, repair records, text messages, and any communication you’ve had with the dealer and mechanics.
• Ask the independent mechanic (European Auto) to provide a written diagnosis of the car’s issues, explicitly stating that the engine is irreparably damaged and the likely cause (e.g., overheating).

2. Check the Sale Agreement
• Review the paperwork from the purchase to see if the car was sold “as-is.”
• Even if it was sold “as-is,” there may still be recourse if the dealer failed to disclose known defects or misrepresented the car’s condition.

3. Nebraska Uniform Deceptive Trade Practices Act
• Nebraska law prohibits deceptive practices in the sale of goods, including used cars. If the dealer knowingly sold you a vehicle with serious issues or misrepresented its condition, this may be a violation.
• Claims can include things like withholding information about the car’s history or attempting to commit insurance fraud (e.g., encouraging you to buy a warranty to cover known defects).

4. File a Complaint
• Nebraska Attorney General: Submit a consumer complaint detailing the situation and the dealer’s conduct.
• Nebraska Consumer Protection Complaint Form
• Better Business Bureau (BBB): File a complaint to warn others and potentially pressure the dealer to act.
• FTC (Federal Trade Commission): Report the dealer if you suspect fraud or deceptive practices.

5. Demand Letter
• Draft a formal letter to the dealer demanding either a full refund or compensation for the cost of repairing/replacing the engine.

• Include:
• A clear summary of the timeline and issues.
• The mechanic’s diagnosis.
• A deadline (e.g., 10 days) for the dealer to respond.
• State that if the dealer does not resolve the issue, you will pursue legal action.

6. Small Claims Court
• Nebraska’s small claims court allows claims up to $3,900. If your damages exceed this amount, you can file in regular civil court.
• If the dealer’s conduct was particularly egregious, you may also be able to claim punitive damages.

7. Legal Representation
• If the dealer refuses to cooperate, consult a consumer protection attorney to explore legal options.
• Some attorneys offer free consultations, and in cases of fraud, you may be able to recover attorney’s fees if you need.

8. Media/Online Reviews
• If legal and formal complaints don’t resolve the issue, you can also leave honest reviews about your experience on Google, Yelp, and other platforms. Dealers are often motivated to protect their reputation.

Additional Notes:
• The dealer’s suggestion to use a warranty to fix the problem is a red flag. As you noted, this is likely insurance fraud, and participating could expose you to legal consequences.

• If you financed the car, your lender might be interested in the issue, as they also have a stake in the vehicle’s value.

 

[Kazman5k]

I’ve had that happened to my family. You’re screwed. Your best bet is to continuously blast the dealership with negative reviews and bombard them with phone calls in hopes they try to buy you off.

We had this happen when gretna auto when they sold my brother a lemon.

PS don’t buy a car from those pieces of shit at gretna auto

 

[HuskerGarrett]

I know we have some lawyers here. Not sure why I can’t think of any off the top of my head. @God is a Husker ?

 

[Quint]

I’ve had that happened to my family. You’re screwed. Your best bet is to continuously blast the dealership with negative reviews and bombard them with phone calls in hopes they try to buy you off.

We had this happen when gretna auto when they sold my brother a lemon.

PS don’t buy a car from those pieces of shit at gretna auto

This isn’t a 100% rule, but most of the small used car lots are trying to pawn off shit the big dealers don’t want on their lots. That doesn’t mean they’re all junk, but I’d never buy a used car from one is didn't have checked out by a third party mechanic. Especially one of the big three in maintenance hell. Mercedes, BMW and Land Rover.

 

[Pipehog69]

Yeah you are most likely screwed, sorry man. You can try and be as big of a pest as possible and hope they either have a heart or get so sick of you they offer you $ just to get you to leave them alone.

You learned a valuable lesson, never buy a 10+ year old German car w/o it being checked out thoroughly. And even then I’d bank on spending a few thousand a year to keep it going. And that’s if you know how to wrench.

 

[Kazman5k]

This isn’t a 100% rule, but most of the small used car lots are trying to pawn off shit the big dealers don’t want on their lots. That doesn’t mean they’re all junk, but I’d never buy a used car from one is didn't have checked out by a third party mechanic. Especially one of the big three in maintenance hell. Mercedes, BMW and Land Rover.

Ya they suckered my brother into a Land Rover so it was ultimately on him for making a bad decision.

But when buying used cars I prefer to stick with certified pre-owned or Carmax. I would rather buy local and try to get a deal, but the majority of stuff on small lots is piece of shit clunkers that a real lot sent to auction on trade in.

 

[Omar Little]

Yeah you are most likely screwed, sorry man. You can try and be as big of a pest as possible and hope they either have a heart or get so sick of you they offer you $ just to get you to leave them alone.

You learned a valuable lesson, never buy a 10+ year old German car w/o it being checked out thoroughly. And even then I’d bank on spending a few thousand a year to keep it going. And that’s if you know how to wrench.

Trust me when I say that I am beyond pissed at my wife and son for making this purchase and it wouldnt have happened if i was involved.

 

[Pepe Silvia]

This is why I always buy my cars on a credit card so I can do a charge back

 

[Quint]

Ya they suckered my brother into a Land Rover so it was ultimately on him for making a bad decision.

But when buying used cars I prefer to stick with certified pre-owned or Carmax. I would rather buy local and try to get a deal, but the majority of stuff on small lots is piece of shit clunkers that a real lot sent to auction on trade in.

When I was in Colorado, there was a European car shop right next door to my business. He said some of the best used vehicles you can buy are lease returns from those three manufacturers. They all have some sort of required scheduled maintenance, plus any warranty work, that takes place in the 36 or 48 month duration of the lease. I think Audi (though not generally prone to lemons) is on that list now as well. Most of the ‘bad’ is worked out of them by the time they’re turned back in and they make great cars at a discounted rate for the level of vehicle you’re getting. All of his personal vehicles were 3 year+ old Land Rovers and they were solid. Buy one that wasn’t in one of those programs and you’re really taking your chances. I bought one of his 10 year old Land Rovers that was nearly bullet proof and other than tires and oil changes, didn’t need much of anything for the ten years I owned it.

To your point, the cars in the smaller lots are either bought by the dealer at auction or taken in trade for one of their other pieces of shit. They don’t typically have or care about maintenance records or the condition of the vehicle beyond being able clean it up and keep it running long enough to sell it. I know ‘As Is’ covers a lot, and I’m generally not a fan of Government involvement in much of anything, but I’d like to see some sort of minimum requirements for pre sale inspections with a 30 to 90 day return window for complete failures like described in the OP. There has to be some protection for the dealer as well, because people are generally stupid and will do dumb shit with cars/trucks all the time.

 

[Flabio]

I would say the lesson here is always take a used vehicle to a mechanic you trust to get a thorough and honest assessment before purchasing.

 

[Kazman5k]

When I was in Colorado, there was a European car shop right next door to my business. He said some of the best used vehicles you can buy are lease returns from those three manufacturers. They all have some sort of required scheduled maintenance, plus any warranty work, that takes place in the 36 or 48 month duration of the lease. I think Audi (though not generally prone to lemons) is on that list now as well. Most of the ‘bad’ is worked out of them by the time they’re turned back in and they make great cars at a discounted rate for the level of vehicle you’re getting. All of his personal vehicles were 3 year+ old Land Rovers and they were solid. Buy one that wasn’t in one of those programs and you’re really taking your chances. I bought one of his 10 year old Land Rovers that was nearly bullet proof and other than tires and oil changes, didn’t need much of anything for the ten years I owned it.

To your point, the cars in the smaller lots are either bought by the dealer at auction or taken in trade for one of their other pieces of shit. They don’t typically have or care about maintenance records or the condition of the vehicle beyond being able clean it up and keep it running long enough to sell it. I know ‘As Is’ covers a lot, and I’m generally not a fan of Government involvement in much of anything, but I’d like to see some sort of minimum requirements for pre sale inspections with a 30 to 90 day return window for complete failures like described in the OP. There has to be some protection for the dealer as well, because people are generally stupid and will do dumb shit with cars/trucks all the time.

Yup I bought a 2015 Audi A6 3.0 from Carmax that was a 1 time owner with all the paperwork for scheduled maintenance. The car runs like a dream and the only expensive fix was the stupid popup display in 4.5 years of having it.

 

[Quint]

Yup I bought a 2015 Audi A6 3.0 from Carmax that was a 1 time owner with all the paperwork for scheduled maintenance. The car runs like a dream and the only expensive fix was the stupid popup display in 4.5 years of having it.

Audi’s are generally better right out of the factory, so that’s a plus.

Unfortunately on the ‘expensive fix’ end of things, there is so little most of us can DYI anymore, it all becomes spendy.

 

[Baron Winnebago]

@God is a Husker and I used to send empty threats from the Nebraska Attorney General's office on behalf of whoever handled consumer protection. Surprisingly people took them fairly seriously so could be worth a phone a friend to the AGs office

 

[Omar Little]

@God is a Husker and I used to send empty threats from the Nebraska Attorney General's office on behalf of whoever handled consumer protection. Surprisingly people took them fairly seriously so could be worth a phone a friend to the AGs office

Would appreciate it.

 

[alt f4]

Can you get me the VIN?

Smaller used car companies buy almost exclusively from auctions. I can see who sold the vehicle through the auction company to the dealership in which you bough it from.

The prior dealership and auction company might have documented the engine issues in which the dealership you purchased from would have been aware of.

I have access to Manheim auctions. Selling dealers through auctions companies are required to disclose any known issues with vehicles they have running through auctions. If purchased on a trade they'll have their service records, plus we could possibly track down any prior service records if that shop reports to Carfax or Autocheck.

 

[Baron Winnebago]

Would appreciate it.

I don't have any friends there lol. I was referring to the AG as your "phone a friend" but one could do that here I think (800) 727-6432

 

[BingoDingo]

Can you get me the VIN?

Smaller used car companies buy almost exclusively from auctions. I can see who sold the vehicle through the auction company to the dealership in which you bough it from.

The prior dealership and auction company might have documented the engine issues in which the dealership you purchased from would have been aware of.

I have access to Manheim auctions. Selling dealers through auctions companies are required to disclose any known issues with vehicles they have running through auctions. If purchased on a trade they'll have their service records, plus we could possibly track down any prior service records if that shop reports to Carfax or Autocheck.

Very smart. Very, very smart.

 

[greybeardedchild]

Damn dude that sucks extremely hard. Dishonest folk would probably try to flip it privately or clear the codes again and gingerly drive it to a different used car lot.
To me, there's hardly a more gut-churning anger than realizing I got took on a used car purchase.
As my Dad would say, your son learned "one of life's little lessons." I'm sorry and I hope you can figure something out to soften the blow.