Trading in truck without catalytic convertor

[LD1]

No do in this hunt but I thought I would see what TBN members know.

Guy I know traded in his truck for a newer one. 22k trade in for a 38k truck. Not that that matters.

Deal done, all papers signed, he is driving the new truck.

A few days after the deal is done, dealership notices there is no cat. He didnt remove the cat, the previous owner did. (This would be easy if the previous owner were another dealership, but it was a private transaction). So dealership contacts him and trying to make him pay for a new cat, which they are saying is~$1000.

I know people trade in vehicles with crap wrong with them all the time, weather they know it or not. Up to the dealership to figure all this out BEFORE the deal is done right? And account for that in the trade-in-value plus a little room for error.

I think they just flat out missed this, and trying to see if he will bite?

Does the dealership have a legal "leg to stand on". Does my friend have a legal leg to stand on.....or a legal obligation to pay for a new cat?

 

[om21braz]

I'd say it depends on what documents he signed and possibly laws of the state. Not too long again, a friend of mine who is a mechanic at a local dealership, said they traded for a vehicle that would not even run. Don't how he got the vehicle there as they found the engine was locked up???

 

[Sprinklerman]

Trade in is the same as buying a new car in my parts , let the buyer beware . I think the dealership is out of luck

 

[LD1]

To my knowledge the only laws are consumer protection stuff. IE: if you buy from the dealer, it better be up to snuff and pass an inspection (which we don't have).

But dealers take beaters in o. Trade all the time with all sorts of things wrong...emissions included.

How is this any different than trading in a car that has bald tires, then getting a call 2 days later after the deal is done and saying " oh by the way, we need you to pay is another $800 cause we have to put new tires on your trade before we can sell it"

 

[GPintheMitten]

I would tell them to pound sand.

 

[charlz]

It MIGHT be illegal to sell a vehicle with the emissions control stuff (cat etc) removed. However proving it was like that when they took the trade etc might involve lawyers and courts so I am with GPintheMitten. Likely they will just go away.

 

[Trials]

No idea who will be found responsible in a particular case, however "The CAA (Clean Air Act) prohibits anyone from tampering with an emission control device on a motor vehicle by removing it or making it inoperable prior to or after the sale or delivery to the buyer." referenced from: Air Enforcement | Enforcement | US EPA

People need to realize that the government is taking the entire pollution control thing very seriously and stop messing with their vehicle emissions equipment. They made it illegal to do so several years ago and the fines for non-compliance are considerable.

They are also making manufacturers provide a considerable long warranty on the catalytic converters, but they can't warranty something that has been removed. Somebody did a no-no, same as when people put loud pipes on a motorcycle and trash the original exhaust system, that is a very unwise thing to do and some day it is going to catch up with them. You know what they say about ignorance of the law is no excuse, I think that either your friend may have a problem, or the previous owner does.

 

[GPintheMitten]

Yah, ask the dealer why they took it off after the deal was done.

 

[doxford jim]

If things became serious, the previous owner can be contacted easily. I think the onus is on the dealership to do the right thing and install a new convertor. Seems the dealers got caught with their pants down and didn't check the traded truck prior to selling the other. A bit late to complain IMHO - let them fix so that it is legal.

 

[Retiredguy2]

My feelings are: How can they blame the previous owner for removing the converter? It was obviously stolen from the truck, and he did not want to burden his insurance company or have them pass along a higher premium to him, so he just had a pipe welded in. Problem solved....

To be honest....THIS IS ACTUALLY THE DEALER'S PROBLEM. Who has not purchased a used vehicle and NOT found a problem the dealer should have been aware of but did not disclose to you? I say BLEEP THE DEALER !!!