Absolutely the Worst Advice I Could Give!

​This is the worst, absolutely THE worst advice I could give you.  You hear this all the time, and it seems like GOOD advice. So, why do I say it is the WORST advice?  Because it pains me to look into my crystal ball and know that you will NOT take it.  It’s also the worst advice because if I give you this advice after you buy a piece of junk, then I sound like an “I told you so” nag.   Of course, I'm going to give it to you anyway, but you're putting me in a real bind by not taking it.   How do I know you won't take my (and every other lemon law attorney's) advice?  Because you’ll be in my office (or theirs) asking for help to get you out of the sale. Maybe we can help, and maybe we can’t.  

​Here goes...

​​GET YOUR USED CAR INSPECTED
BEFORE YOU BUY IT.

​That's it - that's my very best and worst advice. It bears repeating: 
                         Get your used car inspected before you buy it!

Now, rather than leaving my blog on such a negative Nelly note, I thought it might be helpful to talk about the psychology of why people feel so uncomfortable asking the seller if they can take the car to their own mechanic for inspection. (This is arm-chair psychology since I’m not an actual psychologist but attorney's are also known as “counselor” so I'll take my leave.)

​First, people do not like conflict and setting a boundary with the seller is uncomfortable.  You’ll likely get a lot of push back: “I already inspected the car and it runs fine.” “Don’t you trust me?” “Just sign the papers first and you can take it to a mechanic. If there is a problem, I’ll take it back.”  “You can’t take the car because it isn’t insured.”  “I’ve shown you the Carfax already and it says there aren’t any problems.”  And on and on.

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What a normal car buyer might think is, “Lordy, just get me out of here.” “I’ll just sign so he shuts up.”  “Well, he sounds honest.”  “He said he would take it back.”  “I’ve already taken his time, so I have to buy it now.”   All of this push-back is really just to bully you, distract you, and make you uncomfortable.  Sellers WANT you uncomfortable. 

​Second, people don’t often buy cars and don’t really know what their rights are or what is normal.  Let me assure you, IT IS A NORMAL REQUEST to seek a second opinion BEFORE you buy a car.  NORMAL, I say. 
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Call your own insurance before you buy a car to make sure you would be covered driving someone else’s car to your mechanic.  You are likely covered. If the seller wants to drive the car to the auto shop, great. Just don’t let them hang out with your mechanic.  Even though it is their car, you are paying for an independent inspection and don’t need the owner  badgering the mechanic.

While you are at the mechanic, run your own darn Carfax or Autocheck report.  Do NOT rely on what someone else gives you. It is worth every penny, just like paying for your mechanic to look over the car.
​
It is also NORMAL to ask for a WRITTEN receipt that includes each person’s contact information (phone AND address), the date, the amount paid, the year, make and model of the car, and both signatures.  It is also NORMAL to ask for a warranty in WRITING. One day, two days, one week, whatever, and the major systems covered (like powertrain and engine). The seller might say no, but it is normal to ask. And keep in mind, if the seller says no there is a reason.

Also run the vehicle’s smog history to see when it was last smogged.  A private seller MUST have the car smogged within 90 days prior to its sale.  A used car dealer must smog it sometime between when he acquires the vehicle and sells it (which could be more than 90 days).

Check the smog history for free at
 https://www.bar.ca.gov/pubwebquery/vehicle/pubtstqry.aspx. ​

​Third, and this might be hard to hear, I believe that BUYERS don’t want to know!  It is exciting to buy a new-to-you car and it looks great. (They all LOOK great.)  Be honest, perhaps YOU don’t want to bother with the adult responsibilities that go along with car buying.  That’s right – I said it, from my armchair.  I believe it is better to look yourself in the mirror and fess up before buying a car.  If you just don’t want to deal with a second opinion or Carfax or written receipt, fine.  Just don’t raise the victim flag when your new car breaks down a mile (or a block) away.  It’s annoying. (Thus the whole point about giving you the worst advice.)

​There is one ADULT requirement that you should know about.  If you buy from a private seller, YOU are required to report the sale to DMV within 10 days of the purchase date.  The seller signs over the title (pink slip) to you and you notify DMV of the sale.  If you buy from a used car dealer, the dealer is supposed to report the sale to the DMV.

Being better informed, empowered, and a bit more self-reflective, we can close this counseling session and I will hang up my psychologists hat ...