Professor Wizard - bought an SRX with potential safety hazards
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Cadillac SRX First Generation Forum - 2004 - 2009 Discussion, Professor Wizard - bought an SRX with potential safety hazards in Cadillac SRX Forums; So i bought an srx recently. i inspected the mess out of the body and engine bay and interior and ...
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    OffThaHorseCEO is offline Cadillac Owners Connoisseur
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    Professor Wizard - bought an SRX with potential safety hazards

    So i bought an srx recently. i inspected the mess out of the body and engine bay and interior and test drove it and looked for tell-tale signs of transmission issues and i overall thought i did a pretty good job of making sure the vehicle was fit. unfortunately i forgot to get a good look at the tires...

    not only do they have the tires swapped (back in front, front in back) but i noticed a couple of days later that the back tires are balding and have big bumps on the inside. a few people i know told me those would definitely not pass inspection.

    What can i do? If this is illegal what is my course of action? i dont want to get the guy in trouble, but if I'm entitled to new/good tires i want my tires.


    Will he be able to change the price on me?

    Quote Originally Posted by Professor Wizard View Post
    Although a "Wear Item".... They are actually a safety item - so the dealership should have replaced them before selling the car! In most states - dealerships are obligated by law to make a car safe before selling it. For example, If your car needed brake pads- a wear item... the dealer would have had to replace them to pass safety before selling the car!

    Now... that car should not have passed the state safety inspection if the struts were bad... Since it did pass the safety... perhaps that shop is digging for work.

    Plopping some oil on a shock, and then telling the owner the shock is bad is a VERY OLD TRICK!

    Push hard down on the front of your car... if the car only recoils ONCE - you are good for a while. If the car recoils 3 times - you need new shocks.

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    CadillacSTS42005's Avatar
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    If you bought it from a private party then your pretty screwed
    If its from a dealer, then you MAY have some recourse, trouble is proving it was there before you bought the car.

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    OffThaHorseCEO is offline Cadillac Owners Connoisseur
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    Quote Originally Posted by CadillacSTS42005 View Post
    If you bought it from a private party then your pretty screwed
    If its from a dealer, then you MAY have some recourse, trouble is proving it was there before you bought the car.
    it was a SMALL dealer. ive only had the car 5 days, definitely not long enough for the tires to get worn like that

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    Northern SRX's Avatar
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    Quote Originally Posted by OffThaHorseCEO View Post
    it was a SMALL dealer. ive only had the car 5 days, definitely not long enough for the tires to get worn like that
    I don't know about your jurisdiction but, in mine, you need a safety certificate to register a used car purchase. Most used cars are sold either as-is or certified. If the latter, you're covered - if the tires aren't up to the requirements (AND the dealer doesn't challenge you on whether those tires were the ones on the car when he sold it), the dealer will have to address the discrepancy. If you bought it as-is, it doesn't really matter if the seller was a private party or a dealership.

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    Re: Professor Wizard - bought an SRX with potential safety hazards

    Hmmmm... I wasn't sure what to think when I saw a thread started using my Handle... Am I to assume your thread directed at me, and my response to the post about a recently purchased SRX with possible bad shocks.

    What? Did you not like my answer - and so much so, you felt compelled to start a thread about it?

    Is this as an effort to goat me?

    I am quite curious why you did not like my answer if that is the case!

    OR, is there simply some reason you don't seem to like me.... awesome - - that should keep the things interesting.



    If not... and this thread is for real... You should have inspected that car better!

    I am wondering what else you will find.

    Perhaps you would be best off to just take the car back and demand a refund.

    But - again - if a dealership, he is obligated by law in most states (but perhaps not yours)to make the car pass inspections.

    However, if you signed an "AS IS" Exclusion with the dealership - then you eat the cost of making it pass. Such is the event anytime you buy an "AS IS" car, and you can pretty much rest assured that if a dealer is selling an "AS IS" car, something major is wrong with it.

    There are a lot of unscrupulous Used Car Dealers out there, who will try to put one over if they can. And there are a lot of honest ones. You will find out which you have when you talk to him about the tires and shocks.


    So - If you did not start this thread as a dig, then I do apologize! and you should talk to the dealer about getting replacement tires.


    Good luck with that!

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    OffThaHorseCEO is offline Cadillac Owners Connoisseur
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    Quote Originally Posted by Professor Wizard View Post

    So - If you did not start this thread as a dig, then I do apologize! and you should talk to the dealer about getting replacement tires.


    Good luck with that!
    it most definitely wasnt a dig, i think you read to much into it haha. i merely put your name on the thread title to catch your attention. i dont know enough about you to like you or not like you.

    the reason i wanted your attention and quoted your post is because it pertained to my situation and i was hopin youd have some insight on the subject...

    the car is great EXCEPT for the tires. i think i will eat the cost rather than deal with the hassle. especially since i signed the AS-IS document

    around here MOST cars are sold as-is. MOST dealerships here are tiny mom and pop dealerships and dont have the cashflow to cover repairs that may fall under warranty.

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    Re: Professor Wizard - bought an SRX with potential safety hazards

    I'm glad your post wasn't a dig... I've seen your posts, and you offer a lot of insight to people..

    Anyway - - I can honestly only speek for Missouri - and St. Louis laws specifically - but they can't be that much different in other states.

    HERE :: Absolutely - a dealership can NOT sell a car that will not pass Safety or Pollution tests. The dealership is legally responsible for making a car ready to pass - UNLESS, the car is sold with an "AS IS" Exclusion, which the buyer must sign in writing that he is accepting the car in it's current condition.

    YOU signed an "AS IS" agreement - - so the tires are your problem now. Always be cautious when buying an "AS IS" car.... Most dealers will not sell a car "AS IS" unless they think there is something wrong that will cost too much to fix.

    So - that being a given, you do not have cause to go back to the dealership and request better tires. And the dealer probably knew it needed them, but the "AS IS" relinquished his responsibility of them.

    I have bought and sold a lot of cars in my many years - - I've seen these things before... and I've seen the outcome go both ways. Fortunately - - Usually, the dealerships will stand behind their products and "Make them Right". I will say, where I had the most problems, was with smaller dealerships, because they run a slimmer overhead, so they don't have the funding to "make things right" all the time. It is often these dealers who sell a lot of "AS IS" cars.

    I buy cars from Auction sometimes - - talk about a "Buyer Beware" environment! But you can have some hella deals at an auction!


    Bottom line is :: Although the dealership has to make the car pass inspections... Signing an "AS IS" agreement, exempted the dealership of any responsibility after you took possession of the car.

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    OffThaHorseCEO is offline Cadillac Owners Connoisseur
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    Quote Originally Posted by Professor Wizard View Post
    I'm glad your post wasn't a dig... I've seen your posts, and you offer a lot of insight to people..

    Anyway - - I can honestly only speek for Missouri - and St. Louis laws specifically - but they can't be that much different in other states.

    HERE :: Absolutely - a dealership can NOT sell a car that will not pass Safety or Pollution tests. The dealership is legally responsible for making a car ready to pass - UNLESS, the car is sold with an "AS IS" Exclusion, which the buyer must sign in writing that he is accepting the car in it's current condition.

    YOU signed an "AS IS" agreement - - so the tires are your problem now. Always be cautious when buying an "AS IS" car.... Most dealers will not sell a car "AS IS" unless they think there is something wrong that will cost too much to fix.

    So - that being a given, you do not have cause to go back to the dealership and request better tires. And the dealer probably knew it needed them, but the "AS IS" relinquished his responsibility of them.

    I have bought and sold a lot of cars in my many years - - I've seen these things before... and I've seen the outcome go both ways. Fortunately - - Usually, the dealerships will stand behind their products and "Make them Right". I will say, where I had the most problems, was with smaller dealerships, because they run a slimmer overhead, so they don't have the funding to "make things right" all the time. It is often these dealers who sell a lot of "AS IS" cars.

    I buy cars from Auction sometimes - - talk about a "Buyer Beware" environment! But you can have some hella deals at an auction!


    Bottom line is :: Although the dealership has to make the car pass inspections... Signing an "AS IS" agreement, exempted the dealership of any responsibility after you took possession of the car.
    great, thanks for the input, and the compliment

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    Re: Professor Wizard - bought an SRX with potential safety hazards

    FYI--In some states under the UCC one can sometimes get around an AS IS clause by revoking acceptance of the contract...instead of suing for breach of warranty. See a lawyer. Must be a substantial defect that makes the car nonconfoming to the contract. Safety problem might work. Need to put the dealer/seller on notice of the noncomformity ASAP. See a lawyer.

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    OffThaHorseCEO is offline Cadillac Owners Connoisseur
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    no im gonna buy the tires. i think avoiding the hassle is worth the 4-600 ill pay for the tires.

    a lawyer would cost twice that. its ok

    thanks anyway everyone.

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    Re: Professor Wizard - bought an SRX with potential safety hazards

    Since you are buying tires.. you could put some 22's DUB's on there! Spinners would be cool! and while they have it in the air, put some 6" Stainless Muffler Tips on.

    Some Hydraulics to make her bow down for ya!

    Some Glow Lights would add to the look!

    Yes.. I am kidding.

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    PJ1520 is offline Cadillac Owners Connoisseur
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    Re: Professor Wizard - bought an SRX with potential safety hazards

    My two cents. There is a lot of good points brought up in this thread. You don't "get" anything if you don't firmly ask.

    Forget the hassle and focus on the potential opportunity here for you, even though it seems like the cow has left the barn, so to speak. A set of four of the oem Michelins delivered on my 07 were worth about $1,000 at one of the tire wholesalers. You don't need Michelins and can get an exceptional tire for far less. Personally. I'd take a ride to the dealer, point this tire stuff out (wrong end, cupping), and see what he says. What is the worst thing he can say? Worst case he falls back on the "as is" scenario. He may split the difference with you. Or he may just get you some new tires......though I'd take the cash equivalent and pick my own. Is your time worth this small effort? Mine is.

    By the way, in MA. where I live the words "as is" are not worth the ink with which they were written, private party, small ma and pop dealer, or a factory dealer, no matter who agreed to what. Car has to pass inspection before it can be registered, and the selling party has to deliver, no questions asked. And the buyer basically has a stipulated by law time/mileage to nix the sale, return the car, and get their money back......so a private party sale for the seller is a risky proposition.

    ProfWizzard has made so many good observations. You never know what the little dealer, or any dealer, has in the car and how much room to play. But let's assume for argument sake neither are charitable organizations. By the same token they need repeat business and referrals, more so today than ever.

    Always have the contingency of sale based on the vehicle passing inspection.......at the testing station of your choosing, not theirs. I have mine done at my mechanic's place. He's on my team, not theirs. Mine actually hooks up my prospect cars during his pre-sale once over. And he usually charges me nothing for his once over because he he knows full well he makes his money many times over off a guy (me) who always drives well beyond the extended warranties and refers business to him.

    Here is what I got out of this thread:

    1.) Unless you are a mechanic, have your private mechanic check out any used car you intend to buy before you sign anything and provide you with his observations. If you are going to drop big money, the mechanic's charge is what? Nothing financially and worth the piece of mind.

    2.) Ask and you may receive. Doing nothing gets you nothing, except aggravation and regret. Before or after the sale.

    3.) Carfax, automotive forums such as this, car magazine long term test observations, and a Consumers Reports used car buying guide before you buy. One may challenge the usefulness and validity of each of these research items, but not all of them to any degree of certainty. Information is power to make a more informed choice, no matter what.

    4.) Use your resources. You don't have to be an expert on anything. You just have to know one or two amongst your entire realm of family, friends, acquaintances, neighbors, and work associates. I ran into a casual friend of mine at a social gathering who I found out coincidentally works at a Cadillac dealership (not where I found and bought my SRX). He's in sales, not service, but he spilled his guts over a couple of brewskies on his customers' experiences with the SRX. His attitude was that if I were going to go against conventional wisdom and take a pass on an MDX or some lesser crossover I may as well know what to expect and go in with my eyes open.

    5.) Extended warranties have paid for themselves for me on every car I have owned, every one. Remember, though, that I buy used and drive my cars to the back end. And I never paid full price for them, negotiable.

    6.) Some get emotionally attached to their car and/or decision well past what common sense would dictate, to get rid of the car before it bites you in the rear, and get another. Sometimes financial necessity dictates the what, when, and how we manage our transportation needs. My Aurora nailed me with a $1.500 repair bill right before I traded it it. Because I am a procrastinator. Don't wait to buy cars out of desperation.

    As ProfWizzard may have alluded to.......you don't have to jump in the same mud puddles I or he has over the years. It always occurs to me after I have blundered that an ounce of prevention is worth a pound of cure. Been there. Done that.

    Worse case, Horse, you are out a set of tires.

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