Quick 'law' question for any of our lawyer members = )
#1
Quick 'law' question for any of our lawyer members = )
Recently i stumbled upon the fact that my car had an engine swap done under warranty by Porsche.
To make things nice and short, are Dealers, BY LAW, required to disclose engine swaps during sale? if so, what kind of protection do I have if I was not made aware when I purchased the vehicle? In this case, since the work was done under warranty by another Porsche Dealer, the dealer making the sale had the vehicle history easily available.
thanks !
To make things nice and short, are Dealers, BY LAW, required to disclose engine swaps during sale? if so, what kind of protection do I have if I was not made aware when I purchased the vehicle? In this case, since the work was done under warranty by another Porsche Dealer, the dealer making the sale had the vehicle history easily available.
thanks !
Last edited by notquitefob; 11-17-2006 at 02:13 PM.
#2
I'm not answering your question, but I hear that the replacement
engines are likely to be better, better inspected and tested than
original motors. This is probably because Porsche does what they
can to preent problems with original motors, but if something
slips through, they want to make absolutely sure that the replacement
motor is good, else they risk too much cost and negative press...
Joe
engines are likely to be better, better inspected and tested than
original motors. This is probably because Porsche does what they
can to preent problems with original motors, but if something
slips through, they want to make absolutely sure that the replacement
motor is good, else they risk too much cost and negative press...
Joe
#3
I actually have no problems w/ the car, I'm doing this to protect myself as a consumer should something come up in the future, I don't want to be stuck w/ a car that i can't sell cuz it's got an engine swap. From what I've heard, an engine replacement from Porsche is as good as getting it from the factory.
#4
When I purchased my 996 (previous, previous car) I discovered an engine swap was done. My attorney advised that used cars are usually sold in as is where is condition and I had no recourse. This was from my attorney on Maui. Laws are different in every state.
P.S. The engine swap helped in the resale of the car for me.
P.S. The engine swap helped in the resale of the car for me.
#6
Well- I'm in law school- so take this advice with a grain of salt...or 10 -- but your rights and their obligations are going to be dictated by the written contract and any oral reps/warranties they made to you. There are some implied terms in the K as well (good faith, fair dealing)- but I seriously doubt that a court would imply a term into the contract that the dealer must disclose if there has been a factory engine swap (when buying a used car). The main reason is that I don't think you have any damages-- unless Porsche rebuilt engines are not as good as the ones that came with the car - there is no reason for a dimunition in value. It is a used car- so nothing is new- and some stuff may be replaced or rebuilt-- that is what a buyer would expect. To have any type of a case you would need to show that the market penalizes cars with factory replaced engines - and I think you will have a very tough time doing that. In fact, I would think the market would favor a more recent engine.
Saying that cars are sold "as is"- that is pretty generic - there are tons of ways around that.
If you asked the dealer and they lied to you- that is one thing (and you would still need to prove the car was worth less b/c of that lie) -- but as is- I don't see anything wrong. Of course you could have a state law req'ing disclosure, but I doubt it.
Saying that cars are sold "as is"- that is pretty generic - there are tons of ways around that.
If you asked the dealer and they lied to you- that is one thing (and you would still need to prove the car was worth less b/c of that lie) -- but as is- I don't see anything wrong. Of course you could have a state law req'ing disclosure, but I doubt it.
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