Used car (PU truck) buy - discover a problem 1 day later - can an attorney help?

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Libertarian01

    Grandmaster
    Site Supporter
    Rating - 100%
    3   0   0
    Jan 12, 2009
    6,006
    113
    Fort Wayne
    For those who read my previous post on bed size I finally settled on a PU truck, a 2004 Chevy Silverado 1500 extended cab. Got it up in Elkhart.

    I took it for a test drive. It has some issues. I need to fix the fuel gauge, drivers side mirror needs new glass. There are several more issues, all of them relatively minor. The worst after talking to my local car guy was the fuel gauge, he guessed a simple fix could be a bad wire for $50 bucks or less to dropping the fuel tank and replacing the sensor for less than $500. Okay. I can live with slowly fixing minor things.

    However, tonight I was out with friends and the brakes went out. A massive leak under the front drivers side.

    First, I am well aware that I bought it "as is." I signed the binding arbitration paperwork. However, to my thinking as it is a potential safety issue is there any hope of contacting my attorney to see if I have any grounds to get them to pay for at least the unknown brake line / other(?) failure or do I just eat it? I am guessing that I just eat it and can live with that although I don't want to, but I understand it.

    I just don't know if there is some caveat that due to the safety of the vehicle on the road if they had any responsibility to inspect it and fix it?

    That's my simple question. I got it very slowly to my mechanic and will have them fix the issue this week. I'll post a picture or two when I get it back.

    Regards,

    Doug
     

    1775usmarine

    Sleeper
    Site Supporter
    Rating - 100%
    81   0   0
    Feb 15, 2013
    11,264
    113
    IN
    If the fuel gauge jumps around you'll have to rebuild the whole speedometer assembly. They are prone for that issue on all gm's from whenever it started to 05. Had an 05 impala where rhe speedo would go up but not back down and eventually would peg out past the 120 mark. Sometimes it would reset but eventually it wouldnt. Same with the other gauges.
     

    PRasko

    Expert
    Rating - 100%
    6   0   0
    Dec 3, 2013
    1,243
    113
    Amish country
    I mean, you signed an "as-is" agreement so you're kinda screwed. Even if you could prove they knew of a previous safety problem with the brakes and didn't disclose it, its still a stretch I would think.
     

    yepthatsme

    Master
    Rating - 100%
    4   0   0
    Mar 16, 2011
    3,855
    113
    Right Here
    Just my :twocents:. Had the seller been aware of the brake issue and sold the truck without disclosure, you might have a very slim chance. However, trying to prove the seller was aware of a possible brake line failure would be next to impossible. I have an 05 Silverado and it had the same brake line issue right at the antilock unit under the drivers side. It is a common problem with these old Chevys. I ended up replacing all of the lines connected to the antilock unit because all of the lines were rusted to the point of failure.
     

    boogieman

    Expert
    Rating - 100%
    48   0   0
    Nov 14, 2009
    1,400
    63
    under your bed!!!
    rusted brake lines are a very common problem on that model of truck. I had an 06 that did the same. I don't remember who sells it but there is a kit that has all the brake lines already cut and bent for that truck.
     

    GodFearinGunTotin

    Super Moderator
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    1   0   0
    Mar 22, 2011
    50,580
    113
    Mitchell
    I have a 2003 GMC version of that truck. The brakes were ok one mile, the next moment, the pedal went almost to the floor. It is a problem with that vintage of truck. No way you know it’s about to happen until it does. I had a mechanic fix mine but I have friends that have done it themselves. (I just didn’t have the time to do it my self as that would have left us a car shy of our needs for too long).

    There are kits you can buy through places like Rock Auto dot com. You could just fix the ones that have burst but sooner or later, you’ll be doing at least some of the others. There are YouTube videos that show the process. It’s not all that technical but getting them through a few spots is kind of tricky.

    On the gas gauge thing. I had to replace my fuel pump a few years ago... A couple years later, the fuel gauge got querky and then quit all together. I learned to reset my trip meter at every fill up and then every 350 miles, fill up again. About a year or 2 ago, the replacement fuel pump went out (thankfully it was still under warranty) and I got my fuel gauge back :) .
     

    jkaetz

    Master
    Rating - 100%
    3   0   0
    Jan 20, 2009
    1,953
    83
    Indianapolis
    Private sale? Quite likely the previous owner didn't know either even more so if they weren't driving the vehicle regularly. Brake lines don't usually fail with a warning. Bad luck/timing. Check them all out and fix/replace the ones you want. Shouldn't be terribly costly.

    Rather than attorney, why not simply ask the seller if they will help you out?
     

    churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    OK lets all sit calmly and discuss this. You will not like what I have to say.

    I have an 04 GMC. Same truck.

    Some os the usual repairs we have to do with these trucks.

    1st....The gauge clusters loose their minds after a period of time. Fuel gauge went 1st then the speedo and then other issues.
    ....the fix was buying a re-furbished gauge cluster from an on line source. Easy as anything I have ever re[placed. 10 minutes and done.

    2nd.....the brake lines rust out on these trucks. They just do. You can splice in a repair section but you will end up replacing every line on that truck. They are usually in stoke if that tells you anything. We lifted the cab up on mine to actually get to the anti-lock ECU as that's where all the lines distribute out to the wheels. Its just behind where the driver sits inside the frame. Genius location.

    3rd....My drivers side mirror lost all the fluid that makes it dim when the Asshat behind you has his/her bright lights on.

    Just a little on line research would have revealed these faults.

    Seriously my friend. 16+ year old truck. I love mine but things wear out. Stuff breaks. 149K on the clock and mine still runs great.
     

    GodFearinGunTotin

    Super Moderator
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    1   0   0
    Mar 22, 2011
    50,580
    113
    Mitchell
    On the gauges, if you look deeply enough into it, you can (or you could when I did it) buy the little stepper motors that operate the needles. Pop the cluster out of the dash and a little soldering work and fixed.
     

    4651feeder

    Expert
    Rating - 100%
    3   0   0
    Oct 21, 2016
    1,186
    63
    East of NWI
    I have retained attorneys multiple times during my lifetime and as result am inclined to say it'll likely be cheaper to fix it yourself, move on, and recognize pre-buy inspections by a qualified individual on future purchases may be useful.
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    As-is with no inspection?

    Unless you intend to prove the previous owner knowingly and intentionally sold the truck with that specific problem and hid it, the truck (and all of its issues) are now yours.
     

    GodFearinGunTotin

    Super Moderator
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    1   0   0
    Mar 22, 2011
    50,580
    113
    Mitchell
    Oh and on your DS mirror: Last fall I met a guy in one of those 3/4 or 1 ton Dodge pickups, the ones that they have the rear view mirrors that stick out about 6 feet each side of the truck :rolleyes:. I was over on my side well enough but he was crowding the lane and his DS mirror whacked my DS mirror. Broke it off. I don’t know what damage it did to his but he had to stop and check it out. I tossed mine in the back of the truck and went on home.

    I bought an entire new electric mirror from Rock Auto for like $50 (IIRC). It’s an easy fix. Pop a few door panels off, about three nuts, and an electrical connector and it’s as good as new. Now, if you’ve got a fancier one with the turn signal lights in it and stuff, it’s going to be more expensive but probably not much more difficult to change out.
     

    maxwelhse

    Grandmaster
    Rating - 0%
    0   0   0
    Aug 21, 2018
    5,415
    149
    Michiana
    is there any hope of contacting my attorney to see if I have any grounds to get them to pay for at least the unknown brake line / other(?) failure or do I just eat it? I am guessing that I just eat it and can live with that although I don't want to, but I understand it.

    Almost certainly not.

    But... It sounds like you bought it from a dealership and if you ask nicely they might help you out with some of it just because it's good business for them to do so. You never know.
     

    Doug

    Grandmaster
    Rating - 100%
    69   0   0
    Sep 5, 2008
    6,515
    149
    Indianapolis
    Private sale? Quite likely the previous owner didn't know either even more so if they weren't driving the vehicle regularly. Brake lines don't usually fail with a warning. Bad luck/timing. Check them all out and fix/replace the ones you want. Shouldn't be terribly costly.

    Rather than attorney, why not simply ask the seller if they will help you out?

    I may not understand Libertarianism very well, but that seems more in character than trying to get the courts to force the seller to pay when you accepted the truck "as is."
     

    Butch627

    Master
    Rating - 100%
    24   0   0
    Jan 3, 2012
    1,698
    83
    NWI
    If anything GM should have been sued for the design of the brake system and not using stainless or aluminum lines when new. A guy at work paid IIRC about 1500 to have his lines replaced. I bought pre bent stainless and did my own but it was a major pain. If I was to do it again I would buy soft aluminum lines and cut and flare my own.
     

    maxwelhse

    Grandmaster
    Rating - 0%
    0   0   0
    Aug 21, 2018
    5,415
    149
    Michiana
    If I was to do it again I would buy soft aluminum lines and cut and flare my own.

    No, no, no... I hope you're just paraphrasing and lost the words for the proper term of NiCop, or Copper Nickle, lines. I know things change all the time, and I may be out of date on this (and INGO has been great about bringing me up to speed), but generally speaking aluminum will work harden, oxidize, crack, etc and is not suitable for the pressures of a brake system. NiCop, however, is the bomb if you have to roll your own lines. I switched off to it a few years back and I'll never return to steel lines. Even if there is aluminum that is safe to use, I can't imagine it being any easier to use than NiCop and NiCop has a proven reputation going back at least a couple of decades now. It's fairly universally loved.

    FWIW, the order of what I feel people should do to replace lines:

    1 - Pre-bent stainless kits: For these trucks, I believe Dorman makes a kit that is very affordable (my Dad recent bought one of their kits for his '95 and it was under $200... I can't imagine they don't make one for the newer trucks to). Classic Tube also supplies many stainless kits. I have some of their parts on my Wrangler and they're top notch quality, but a little spendy. Good guys to work with though and very helpful and friendly on the phone.

    2 - Factory OEM lines: Either take-offs from a truck out west/down south or some magical unrusty unicorn from our area. I've had good success with both in the past. When you get them, paint them, then spray them with lithium grease or undercoat them once installed. They will likely outlast the vehicle at that point. If mailed from eBay, you'll have to work with the seller to either cut or bend them at a long straight section that you will later have to cut out and patch. Not ideal, but it works and doesn't take much effort.

    3 - Make your own with NiCop: This will still be a hugely time consuming PITA, but not even close to as bad as running your own steel or stainless and they will also likely outlive the vehicle.

    Those are my preferred options, in order, and I've done a disturbing amount of brake and fuel lines for just a guy at home (and a disturbing number of those has been on GMs). To the point that I even bought the Eastwood flaring machine a few years ago (which is worth every penny). So... Take all of that FWIW. :twocents:
     

    patience0830

    .22 magician
    Site Supporter
    Rating - 96.6%
    28   1   0
    Nov 3, 2008
    17,584
    149
    Not far from the tree
    steel breake lines will rust from the inside out because brake fluid will absorb water. When you use the brakes enough that the fluid gets hot, the water comes out of suspension. Hard for the dealer to see inside them.
     
    Last edited:

    KLB

    Grandmaster
    Rating - 100%
    5   0   0
    Sep 12, 2011
    23,003
    77
    Porter County
    Big question is dealer or private sale. If a dealer, you could call and discuss it with them. They might care about customer satisfaction. I had that happen with a used car and the AC. They split the cost with me.

    Private sale, you're probably out of luck.
     
    Top Bottom