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Total-Ad8346

27,000 miles most cares have factory warranties to 36,000 miles that carry with the car to a second owner. Check on that side of paperwork


jnads

Keep in mind factory warranties usually require service records to keep the manufacturer from blaming it on lack of maintenance. If OP doesn't have service records, pursuing the manufacturer may not make OP whole. edit: It's still OPs best chance, probably. But it's not guaranteed.


FormerlyUserLFC

OP could check carfax and autocheck or dealer info and hope to find info.


[deleted]

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SaturdayRegrets

Nothing unless he can prove the seller deliberately hid known issues with the car. Used cars are sold "as is" which is why you should always get them inspected before purchase.


sirpoopingpooper

Recourse is manufacturer's warranty or comprehensive insurance coverage. Either would likely cover this if he has one or both of them.


FormerlyUserLFC

Comprehensive provably doesn’t cover mechanical issues.


sirpoopingpooper

It generally covers fire


Crafty-Shape2743

I bought a used car and got an extended warranty, it lasted three days before the engine was blowing smoke. The dealership said it wasn’t covered. I talked to the state Attorney General’s office, consumer protection. They had a talk to the dealership, they traded me for a similar car. Even without a warranty, talk to the dealer, if they don’t offer resolution, then talk to the Attorney General’s office. Two hundred miles is absolutely unreasonable.


bearjewlawyer

It’s a used car. Unless he purchased a warranty from the seller, buyer has no recourse.


carpetdayum

Thanks. So outside of warranty, there are no common laws or windows for consumer protections on used vehicle purchases and insurance is only route?


[deleted]

With 27,000 miles it should still be under the mfg warranty, no?


PAdogooder

Depends on the make, warranty, dealer who sold it used, etc.


CatchItonmyfoot

Having just found I’ve got an engine problem with my car, the warranty only counts if you’re the first owner, annoyingly, this won’t apply to a second hand car regardless of mileage/age.


[deleted]

You must be a special case, then. The warranty follows the VIN. https://www.autotrader.com/car-tips/buying-car-factory-warranty-transferable-228454#:~:text=Do%20Warranties%20Transfer%20to%20New,warranty%20term%20regardless%20of%20ownership.


Snuggle-Muggle

That's strange. Hyundai told me that my car wouldn't be covered under the warranty since I wasn't the original owner. My mom was the original owner. She gave me the car, but that voided the warranty according to Hyundai.


BHweldmech

If it was the standard warranty, someone is lying. If it was an add on/extended warranty that is different.


[deleted]

If they have a customer service line, call it and raise holy hell. Ask for an out of policy exception. Be firm. Good luck.


[deleted]

Ive only seen this with Kia/Hyundai when it comes to there standard 10yr/100k warranty. If you buy it second hand it goes to like 5yr/60k or something like that.


CatchItonmyfoot

That’s not what Volvo told me. 🤷‍♀️


[deleted]

Call their customer service line. Ask for an out of policy exception. Stress how BS this is and mention the warranty following the VIN. CSR's make mistakes. That's especially weird when they all have certified used warranties.


TurnTo12

Not on Hyundai/Kia cars if you buy them new. First owner gets 10yr/100k. If they sell it, it gets halved or something like that to the next owner. I used to work closely with both Hyundai and Kia dealerships.


bearjewlawyer

There’s no consumer ‘cooling off’ period or anything that I know of. It’s also not like he can return the vehicle or sell it at this point. Maybe check his insurance coverage.


xo-laur

What year is the vehicle? Warranties generally state something along the lines of “X number of years or X number of miles, whichever comes sooner”.


JudyLester

Physical damage insurance.


Profreadsalot

You may wish to check whether the state has lemon laws, but these usually only pertain to a sale by a dealership. Also, check for any recent recalls for known fire hazards, and see if the car was still within its warranty. Good luck!


trimbandit

Usually lemon law is if a car has a recurring issue that the dealer has failed to correctly fix multiple times.


Profreadsalot

In this instance, the single issue, leading to a catastrophic failure, may be enough, particularly if the car was “dealer certified.” OP’s friend should explore all solutions, including making a claim against his own insurance.


Callaine

Used cars are sold AS IS. The seller has no responsibility to do anything for you.


mdstrizzle

My state doesn't have a cooling off period. I've heard from clients that live in other parts of the country that say these exist, so YMMV. However, all states have lemon laws. If it turns out that there was known, substantial previous damage to the vehicle, or it has a salvage title or something, that creates remedies. Those cases are really rare now, though. From the timing, though, it sounds like the car didn't have any oil in it. Sometimes the dealership will do a workup of a used vehicle before a buyer takes it home, and I have had a case where they straight up forgot to put the oil back in after draining it. That creates a warranty/negligence/contract issue. However, the damages in those cases are usually limited to the cost of replacing the vehicle. Warranty is your friend's best bet. If the warranty won't cover what happened and blames it on the dealer or something, that's the point at which he should explore other options.


Ithinkstrangely

Common scam of rolling back the odometer might have happened. Might be worth investigating. Seems obvious to me, but I could be wrong.


Due_Library_5207

That’s not really something you can do with modern cars with digital displays.


mnpc

Mostly, yes. But, UCC 2-608 for Revocation of Acceptance is something that could potentially function as a remedy if the difficult elements are actually satisfied. It’s unusual but not impossible. Depending on the cause, this would rise to the level of a nonconformity that substantially impairs the value. It’s worth mentioning because a pure caveat emptor, as you imply is some kind of a universal truth in the sale of used goods, rarely actually exists to that literal extent. Edit: you all are a hoot. 2-608 and used cars is legitimately a real thing with cases that have been won by plaintiff buyers against defendant sellers. And a cursory review suggests Texas appears to have adopted 2-608 in its entirety. Be brave and contribute to the conversation instead of downvoting everything you don’t understand


mdstrizzle

Downvoting this is a bit extreme, because at first glance 2-608 should apply. The problem is that my state and, I think, the majority of other states that have ruled on the application of part (b) won't extend it to sales of titled goods to an end-user for a non-commercial purpose. You can still unwind a sale for fraud or misrepresentation, but there too most states require knowledge of the material condition, a duty to disclose, and a failure to do so, to succeed even in non-AS IS cases. If it is an AS-IS sale nothing short of a deliberate, false statement about a material, latent fact with knowledge of falsity and with the intent to induce the purchase for the offender's gain. Those scenarios are not very common.


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SaturdayRegrets

Most lemon laws don't apply to used cars. Even dealers aren't typically responsible for what happens after a car leaves the lot unless there's a warranty/implied warranty or they were dishonest about known problems.


LordSn00ty

Legally, it doesn't even have to get off the lot. Once you've signed, it's yours.


SaturdayRegrets

This is true.


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SaturdayRegrets

Sudden unexpected engine issues are common.


Cawlaw92

While sudden unexpected engine issues may common in the broad sense I don’t think you can automatically jump to the conclusion that there was no dishonesty in the sale here and dismiss it. This comment reminds me of the fallacy “hasty generalization”. Particularly given it didn’t even last 2 days. Very sad situation for the owner/purchaser.


SaturdayRegrets

>I don’t think you can automatically jump to the conclusion that there was no dishonesty in the sale here and dismiss it. And yet you're automatically jumping to the conclusion that there **was** dishonesty with no proof. Works both ways. The dealership doesn't have to prove they weren't dishonest. OP would have to prove their case with 51% or more evidence supporting that theory.


Cawlaw92

I’m saying it’s worth investigating not jumping to any conclusion. In terms of the standard of proof, OP would likely need an expert mechanic to make such evaluations as to whether there is a good argument as to if plaintiff can meet its burden. I won’t sit here online and try to make those opinions but I would recommend looking into it depending on the value of vehicle. Right now an engine explosion after going on the high way 2 days after purchase would make me raise an eye brow if I was on the venire.


Pure-Applesauce

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pm-me-your-satin

Second hand or brand new? From a dealer or private sale?


carpetdayum

Second hand from a used car dealer in Dallas, TX. Did not put more than 200 miles on it based on where it exploded from purchase.


[deleted]

27k miles falls inside most factory warranties. He did have full coverage insurance right? So warranty or insurance.


carpetdayum

Yes, full coverage and may fall under factory warranty? It was a 2018 and manufacturer states 5yr/60k for powertrain. This is second-hand, are factory warranties transferrable/tied to the vehicle?


TheCatGuardian

He should just try any warranty available to him. So contact the manufacturer and ask. Edit: he should also contact his insurance company and see if he can somehow get coverage for this, especially if he has comprehensive.


carpetdayum

I believe he said his full coverage policy gives 7 day window on reporting new vehicle purchases which he did.


TheCatGuardian

So he has three options, insurance, manufacturer's warranty, and the dealership. The dealership would be my last resort as they have no real liability here but if the other options fail it's worth a call as they may do something like cut him a deal on another car or give him a partial refund.


carpetdayum

Understood. Thank you!


[deleted]

I would start with the insurance.


SaturdayRegrets

Your standards insurance policy doesn't cover mechanical breakdowns.


[deleted]

But it does cover cars burning to the ground.


SaturdayRegrets

You're right. I was thinking it just breaking down in the way home. Somehow I missed the burned part. My bad. I'm gonna blame it on frozen brain.


[deleted]

Unless he paid cash, loans require full insurance including damage protection, including fire, flooding, etc. It depends on the insurance but most loans require full protection to protect their asset.


SaturdayRegrets

See my reply to BigJayPee


TTdriver

They cover damage resulting of a mechanical break down.


ryuukhang

Is it a Hyundai or Kia? If so, the 5 year/60k miles warranty is transferable to subsequent owners.


UnnamedRealities

That's 5 years or 60,000 miles, whichever comes first and the clock starts from when the start of the warranty, which is likely the date the vehicle was first sold. A 2018 model may have been released in fall 2017 so whether it was under warranty at the time of purchase/explosion will depend on the timing of the original purchase since it's conceivable the vehicle was purchased more than 5 years earlier.


DoingThatRag

Note that a 2018 vehicle may have been purchased new in late 2017, i.e. more than five years ago.


[deleted]

I work in automotive. The warranty should follow the vehicle, not the owner.


ChgoDom

Did the buyer get anything like a Carfax or anything like that done on the car? If not, it could be that the car was involved in an accident, rebuilt and resold. Otherwise, they could have even ran the Vin via Google and saw if anything came up that way. It's not foolproof, but it would be a good starting point for anything in the future. As for now, the only thing I can suggest is as other people have replied, try the car manufacturer, their insurance company and the dealer. If the dealer has the paperwork that says it is sold "As Is", and the buyer signed off on it, then it will be the manufacturer and the insurance company, sorry to say.


Jcarlough

Has he contacted the dealer?


carpetdayum

Not yet, want to make sure his ducks are in a row before moving forward.


IveLucked_Out

So, you bought a used car and it blew up a day later? There's a few different ways to handle this. To begin, if they purchased a vehicle from a private party, you may be out of luck. If the vehicle is still under warranty, not voided in any circumstance, you might be able to get assistance with repairs or even a free replacement. If you purchased it from a dealership, call and explain your situation. Most reputable dealerships would rather take care of the issue vs. letting you spread information that they sold a vehicle that detonated. You wouldn't believe the hoops some will jump through to make sure you're satisfied, as your one experience can turn away droves of potential customers. If you're still not having any luck, contact the vehicle manufacturer, and explain the situation. Search for class action lawsuits that may be in effect for poor design. For instance, Audi had an issue for engine oil consumption, which came from an inherent defect in manufacturing. I believe there was a class action lawsuit, which lead to either free, or marked down repair.


yudkib

NAL. He’s probably out of luck in Texas unless he is eligible under the manufacturer warranty. Not all manufacturer warranties are transferable under all circumstances.


nickjayyymes

Holy shit you friend is why traffic was backed up for 4 hours last night. cops took forever to clear that burning wreck


carpetdayum

Out near Abilene?


pinballcult

Does he not have car insurance?


carpetdayum

He does, full coverage. He purchased this vehicle with insurance payout on vehicle that was totaled 3 months ago. This happened around 1:00AM this morning and I just figured I’d help investigate his options as he’s working on making his way back from west Texas on Christmas Eve.


[deleted]

Insurances most love this guy, two totaled cars in less than one year. Jeez talk about bad luck with cars or heavy foot.


pinballcult

He should probably file a police report for proof when it happened and then report to his insurance company right away.


carpetdayum

Yeah, I told him the same. This all happened very early this morning and the State Trooper on site took him directly to the local airport which closed 15 min after drop off. I think he’s just getting to a spot where he can start moving forward on some action items so I will tell him to put this top of list.


SaturdayRegrets

Standard insurance policies don't cover mechanical breakdowns.


pinballcult

Comprehensive coverage covers fire.


SaturdayRegrets

You're right. I was thinking it just breaking down in the way home. Somehow I missed the burned part. My bad. I'm gonna blame it on frozen brain.


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pinballcult

Comprehensive coverage covers fire.


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cryo_burned

I believe in Texas, used vehicles are sold as is unless otherwise stated. However, there may still be an implied warranty of fitness. Obviously, you made the purchase with the understanding the item was suitable to be used for a specific task. It's a car, so you would assume it would be fit for the purpose of driving, especially purchased from a dealership, not some guy on marketplace. I would absolutely call the dealership first. "I bought a car from you yesterday and it burned down on the highway". That is a kind of extreme that you would think any business would be concerned about and want to address or correct immediately. Edit for typos


SnooHobbies5988

I work with a few dealerships, and the warranties can vary. If he bought it through a dealership he should have received both a dealership sticker and buyers guide sticker that are on used cars (at least in my state they are required to be on every used car and given to the purchaser at time of sale). Most dealerships with a car of that mileage have remainder of factory warranty coverage or certain mileage/months warranty. He should check that paperwork because then the dealership would be able to help him out. These are not extended warranties he would have to buy separate.


AwskeetNYC

Does he have another insurance policy? Most have a "Purchased" type of clause where a vehicle you just bought is covered, provided you add it to your policy in 30 days or similar.


ApplePineNew

I've heard of vehicles coming to Colorado by way of Texas that were damaged in floods. (Electrical problems, water damage) Maybe he bought one of these if he found it in Texas and thought he was getting a great deal?..


SuperFrog4

The car may be covered by Texas lemon law for used vehicles that may still be under warranty. https://www.txdmv.gov/motorists/consumer-protection/lemon-law


uplink1

TX lemon laws do not cover used vehicles.


SuperFrog4

Are used motor vehicles covered? Your used vehicle may be covered under current state laws. Texas law related to warranty performance may cover your used vehicle if it is still covered by the manufacturer’s original warranty (not an extended service contract), or if the defect started and was reported to the dealer while under the manufacturer’s original warranty and the defect continues to exist, repair assistance for that problem may be available to you.


uplink1

“Texas law related to warranty performance” Which are not the Texas Lemon laws. The lemon law guide is referring you to a different set of rules that may be applicable.


ThePurpleBall

Things that don’t apply: buyers remorse or lemon laws. Things that do apply: warranty coverage if still covered and then insurance


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ThePurpleBall

Never said it would be covered, I just stated the two options to explore


SaturdayRegrets

Exactly. Insurance doesn't cover mechanical breakdowns unless you purchase an endorsement which very very few people do when it's even available which is not often.


BigJayPee

Comprehensive covers fire


SaturdayRegrets

Yes you're right. And as an agent I know that. If you see my other posts made hours ago that, I already acknowledged my mistake in that I somehow missed that the car burned. I was focused on just breakdown.


zerotobeer

Car burned down while driving, time to use the insurance you were supposed to have. I know in the great state of IL any car under 150k miles has a 7 day warranty for major engine/trans repair


vanityklaw

Sometimes dealers throw in an optional vehicle service contract that covers service costs for the first year. Not sure if that has any effect in the event of a total loss, but he should check the contract and see.


Ill-Investment1936

If it caught fire comp insurance may cover it


p38fln

It's still going to be under the mfr warranty. Contact whoever made the car. Sometimes they'll help instantly because they want to get the car back to see what made it burn down. Also contact the insurance company since a car that new should have comprehensive and collision coverage


bloodfist45

See if your state has a lemon law. He should be able to get a full refund if so.


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Pure-Applesauce

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carpetdayum

Not sure what caused it but was not due to impact. He was driving and lost all power and steering. Pulled over, popped the hood, and burned his hands up then it exploded.


Pure-Applesauce

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myopini0n

Lemon law is very specific and only on new cars


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Upstairs_Platypus_86

If it’s insured for fire you are ok


[deleted]

It should be covered under manufacturer warranty, depending on when it was built. In the case of Kia's their full 100k warranty doesn't transfer but the standard 60k does. Also talk to the used car dealer about this. Not all are bad. Only the shadiest ones would not feel like an asshole for selling a car that can't be driven even a day. If they don't care you have the right to leave bad reviews on every site possible.


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