Buying a Used Vehicle

Beware of Curbstoners

Be aware that unlicensed dealers known as "curbstoners" also advertise in the classifieds (anyone who sells five or more vehicles in a 12 month period must obtain a dealer's license – RCW 46.70.021).

Curbstoners do not comply with state or federal laws and you have less protection in your dealings with them. If you respond to a classified ad and the seller has several cars for sale but does not have a car lot or showroom, you may be dealing with a curbstoner. Buying from a curbstoner increases your risks of not being able to get the vehicle title transferred, of getting a car which has been wrecked and rebuilt, or which has a "rolled-back" odometer.

Used vehicles can be purchased at places other than dealerships. Private sellers, for example, often advertise in the classified sections of newspapers. In the case of legitimate private (non-dealer) sales, you should put the purchase and sale agreement in writing. It should include a description of the vehicle, the price, a statement that the seller has clear title to the vehicle and all other representations and promises.

No matter who you buy from, insist on a thorough test drive and independent mechanical inspection before you negotiate the price and other terms.

Information About the Vehicle

By law, the dealer is required upon request to either display or disclose in writing a used vehicle's asking price (RCW 46.70.125). The dealer must also provide the name and address of the former registered owner to a prospective buyer upon request if that owner was a business or government entity (RCW 46.70.180(6)).

Contact the Former Owner

By contacting the former owner before you agree to buy, you may be able to find out a more comprehensive history of the vehicle that could influence your decision whether to buy and how much to pay. You would want to ask about repairs, maintenance, any accident damage, and confirm the mileage.

Check Recalls

You can also contact the National Highway Traffic Safety Administration (part of the federal Department of Transportation) at 1-800-424-9393, to find out if a specific make and model of used car was ever recalled by the manufacturer. Each used vehicle offered by a dealer, by law must have a Buyer's Guide posted in its window which gives information about the vehicle's warranty status as offered by the dealer.

Verify Safety

"It is a violation of dealer licensing regulations for a dealer to sell an unsafe car for operation on the public highways (RCW 46.70.101(1)(b)(viii)). This means that the car must at least have working headlights, taillights, brake lights, turn signals, brakes, wipers, windshield without cracks substantially obstructing the driver's field of view and tires with a minimum tread of 2/32 of an inch. Because it is also illegal to operate an unsafe motor vehicle on public roads and highways, liability is the responsibility of the owner and driver of an unsafe vehicle."

Prior to agreeing to buy a vehicle that meets your needs, take the used vehicle to a mechanic you trust to have the engine, other mechanical parts and safety equipment inspected and tested. When a dealer or private party is reluctant or refuses to allow an independent inspection of the vehicle, you should seriously reconsider whether this is the car or truck for you.

Dealer's Warranty – A dealer may provide you with a limited warranty which would pay a portion of the repair costs for covered components during the warranty period (typically 90 days or less). Be sure you understand the coverage and exclusions. You should insist that the dealer put all promises and representations as to quality and warranty in writing.

Extended Service Contracts – You may be encouraged by the dealer to buy an extended service contract for the vehicle. If you purchase an extended service contract, the dealer is not allowed to disclaim the Implied Warranty of Merchantability; that is, the vehicle cannot be sold "as is" (see the notice requirements in RCW 48.96.045(4)).

Before you visit a dealership, you should find out what service contracts are generally available in your area and compare the extent of coverage and the maintenance requirements to keep the policy in force.

You may request copies of various contracts offered by the dealership before you buy. You may cancel any extended service contract within 30 days of purchase if you have made no claims under the contract (no penalty can be assessed if you cancel within 10 days; see RCW 48.110.075.)

By law, extended service contracts offered by a company must be backed by an authorized insurance policy. The name and address of the insurance company, the policy number and how to file a claim under the service contract must be clearly stated on the contract. When deciding on a service contract, examine the contract itself rather than making up your mind on the basis of a brochure or a salesperson's statements. Check for overlapping or duplicate coverage in the service contract which you may already have under any remaining manufacturer warranty. You should consider whether saving the price of the service contract and "insuring" yourself would be more cost effective.

Implied Warranty of Merchantability – Every vehicle sold in Washington by a dealer has an "implied" warranty that the vehicle will be fit for ordinary driving purposes. That means the vehicle must be free of major defects, reasonably safe, and of the average quality of similar vehicles available for sale in that price range.

The duration and extent of coverage is conditioned on the age, mileage and price of the vehicle as well as the nature and timing of the problem.

"As Is"

Most used vehicles are offered by dealers "as is." If you knowingly accept such an offer, you give up your implied warranty of merchantability. Nothing in any law requires you to sign a waiver of your implied warranty rights under any circumstances.

You may negotiate an agreement with the dealer to waive the implied warranty only if:

1. There is explicit discussion of warranty terms;
2. You are accurately informed of the consequences of purchasing the vehicle "as is" (i.e. the waiver lists the particular qualities and characteristics of the vehicle that will not be covered);
3. You do not purchase an extended service contract; and finally,
4. You knowingly and voluntarily assume all risk for costs of repairs due to defects in the vehicle.

If you waive the implied warranty and the vehicle breaks down, you will be responsible for all repairs! If the vehicle breaks down one minute or one mile from the dealership, you will still be responsible for all repairs! Buying a vehicle "as is" means you are assuming all responsibility for the repair and maintenance of the vehicle! As an informed buyer, you should consider whether negotiating away your implied warranty rights is really in your best interests. Buying a car "as is," you will not have any warranty and little if any recourse against the dealer if the vehicle turns out to have substantial problems.

Test Drive First

Before you buy a used vehicle you should thoroughly examine the vehicle and go for a test drive. A valuable and informative test drive should be more than a demonstration drive where the salesperson explains the features of the vehicle.

A test drive should be a sampling of the vehicle's mechanical operating condition. This means that you should drive the vehicle as you would under every day driving conditions — freeway, in-city, hills etc.

• You should check the operation of all electrical and comfort amenities (windows, lights and turn signals, defroster, heater and air conditioner), blow the horn, check the brakes by coming to a controlled emergency stop, and listen to the engine accelerate when entering on to the freeway and on hills;
• It is also important to do a complete visual inspection of the vehicle – look under the vehicle for any signs of frame damage or collision repairs and any missing, loose or ill fitting body parts; check the engine compartment and trunk for fresh paint that might reveal prior damage;
• You might consider having a friend follow behind the vehicle to see how the vehicle tracks.

The more that you know about a vehicle before you buy, the greater the likelihood that you will have picked the best vehicle to meet your needs. Before you buy is the time to test the vehicle!

Check it Out With Your Mechanic

If the vehicle passes your test, take it for an inspection by a qualified mechanic of your choosing. The mechanic should check the brakes, electrical system, compression, transmission, and every other system on the vehicle, especially any which caught your attention during the test drive. You should also consider an emissions control system inspection and test. Inspections may cost you some money, but if the mechanic discovers a major defect, you have saved yourself a big problem and a lot of money. When an inspection reveals only minor defects, you can use that information to negotiate either a lower purchase price or get the dealer to agree, in writing, to fix the items before purchase.

Buyer Beware

A thorough test drive and mechanical inspection are the only ways to make sure the vehicle you are contemplating buying is in good mechanical condition. Verbal representations about the vehicle by a salesperson are not necessarily binding promises to help you with any problems that develop. Many quality dealers will stand behind vehicles they sell and will work to solve problems, but a buyer should not expect that the dealer will always solve every problem. If you buy it "as is," and it is defective, you cannot expect the dealer to fix it. While the dealer may be willing to help, you should assume that the dealer is not obligated to do so.

Get it in Writing

If you did not effectively or knowingly waive the implied warranty, or if the dealer made sufficient verbal promises about the vehicle's condition and what will happen if any problems arise such that an express warranty is created, you may be able to get the dealer to fix the vehicle at reduced or no charge. But verbal promises are always difficult to prove and enforce. When a dealer's salesperson or manager refuses to put important promises or representations in writing, you should consider buying elsewhere. Further, since your signature on a document is very important, you must read everything before you sign making certain that any verbal promises are included.

Know Your Warranties

If the dealer gives you a limited written warranty, the implied warranty cannot be waived, and you will have both the limited and implied warranties on the vehicle. If you purchase a service contract on a used vehicle from the same dealer within 90 days of purchase, the implied warranty of merchantability cannot be waived, and you will have the protection of both the service contract and the implied warranty of merchantability (RCW 48.96.045(4)). The availability of the implied warranty or a service contract does not eliminate the need for a thorough test drive and an inspection by a qualified mechanic.

When a vehicle is sold, the seller (this may be you if you have a 'trade-in') must accurately complete an odometer disclosure statement which will be submitted with an application to issue the new certificate of title.

Vehicle Emission Inspection Law

In some areas of the state, buyers of used gasoline or diesel powered vehicles manufactured since 1968 must show that the vehicle has passed an emission inspection within the preceding six months in order to register the vehicle.

If you live in an inspection program area and you purchase a used vehicle from a private party it must have a valid emission inspection certificate to be registered under your name.

Dealers' Responsibilities

Dealers may not have had a vehicle's emissions system tested prior to a sale because a valid emission certificate is not necessary for the dealer to sell a vehicle. However, in emission testing areas dealers must provide a written notice to be signed by the buyer acknowledging that the vehicle may not meet emissions standards.

A dealer may include the emissions system in a waiver of the implied warranty so they will not be responsible for repairs if the vehicle fails an emissions test at a later time.

Before Buying

• Inspect the vehicle to make sure all the emission control devices are in place, looking for proper filters and hoses;
• Make certain that no tubes have been cut and capped off; and
• Have the vehicle inspected prior to purchase and ask the repair shop to inspect the emission control system for you.

Check Emissions

Don't buy someone else's emission control problems! The Washington Clean Air Act of 1991 has strengthened the vehicle emission inspection law by helping identify and repair vehicles causing the most pollution. Before buying, make sure the vehicle will pass an emissions inspection.

For more information about the Vehicle Emission Inspection Program, contact the Washington State Department of Ecology at 1-800-453-4951.

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