Pwede ba balik auto sa nagbenta?

**Patonten** · June 22nd, 2007 09:34 AM

tama sila pare, na experience ko din yan nangyari syo when i bought my 92 corolla 3 years ago, almost the same ang naging problema natin except for the oil leak and overheating kasi wala ako naging problema dun....so what i did is pina ayos ko unti-unti, masakit talaga sa ulo, ngmadali kasi ako bumili dhil talaga luma ng yung car ko before, its a 1979 corona pa kasi.......

una ko pinagawa yung underchassis, pinababa ko din yung transmission ko kasi may problema na din sa clutch ko, hirap na humatak, tapos pinagawa ko yung aircondition system dahil may tagas ang evaporator....lhat yung pare pinagawa ko lahat......ang hindi ko lang talaga makalimutan.......after 2 mos. lumobo ang mga fenders ko pati kahit sa likod ganon din.....kaya nag pa body repair din ako.........

kaya wag mo na lang isipin kung ano man ang nging problema, pagawa mo na lang ng unti-unti.

pwede di alam ng seller yan, pero sakin mas malamang na alam nila yan kasi ginagamit nila yan before nila binenta, wala tayo magagawa....ganon tlaga eh..

good luck, mauubos din ang problema nyan, yung corolla ko okay naman up to now........

**HIFI** · June 22nd, 2007 09:51 AM

Ganyan talaga ang mga RISKs in buying a second hand car. The trick is minimizing the risks, by doing your homework...like understanding what you're buying, bringing a mechanic, knowing the seller's character/driving habits/financial capabilities and etc.

Of course all these are worthless na, since you've already bought the car. You have to live with it na.

Hmmm...parang puede kong i-relate ito sa mga gustong mag asawa.

**mazdamazda** · June 22nd, 2007 09:53 AM

Our courts has recently decided on a landmark ruling of the same nature.

The buyers bought a 2nd hand ex-JDM Pajero and its transmission broke down in less than a month that they bought it. They spent around P50K to have it repaired and they tried to bring this matter to the seller. When the seller refused to take responsibility they took the matter to our courts.

AFAIR, in the court ruling, it was found out that the seller FAILED to declare the inherent problems of the vehicle before selling it. Thus he was found liable to pay for the repair cost.

As the seller of a 2nd hand vehicle - he should declare all known defects to the buyer before the sale pushed through. I think that this is the fault of a lot of sellers here in the Philippines, declaring the vehicle as "nothing to fix".

What's funny is that despite this, the resale value of 2nd hand vehicles remain high as compared to other countries.

I'll try to rummage through last week's papers to get this article.

**boybi** · June 22nd, 2007 09:58 AM

Originally Posted by mazdamazda

Our courts has recently decided on a landmark ruling of the same nature.

The buyers bought a 2nd hand ex-JDM Pajero and its transmission broke down in less than a month that they bought it. They spent around P50K to have it repaired and they tried to bring this matter to the seller. When the seller refused to take responsibility they took the matter to our courts.

AFAIR, in the court ruling, it was found out that the seller FAILED to declare the inherent problems of the vehicle before selling it. Thus he was found liable to pay for the repair cost.

As the seller of a 2nd hand vehicle - he should declare all known defects to the buyer before the sale pushed through. I think that this is the fault of a lot of sellers here in the Philippines, declaring the vehicle as "nothing to fix".

What's funny is that despite this, the resale value of 2nd hand vehicles remain high as compared to other countries.

I'll try to rummage through last week's papers to get this article.

Hmm, how did the court established the fact that the seller knew of the transmission problem at the time it was sold?

**mazdamazda** · June 22nd, 2007 01:12 PM

Originally Posted by boybi

Hmm, how did the court established the fact that the seller knew of the transmission problem at the time it was sold?

I am not sure how... I'll try to get the full court ruling regarding this.

Baka naman yung seller na rin ang nagsabi na alam na niyang may defect yung transmission when he was called to testify.

**boybi** · June 22nd, 2007 01:24 PM

Ang hirap kasi i-prove sa court mga ganyang cases e. Pwede naman magmatigas yung seller na hindi nya na-experience yan during the time that he was still using that car and lumabas nalang yung problem when it was sold. Unless nakakuha ng record from the car repair shop(s) yung buyer that shows na naipa-repair na yung transmission before.

**torque2006** · June 22nd, 2007 01:33 PM

mahirap talaga, unless the seller purposely deceived the buyer, or gave a warranty which he did not honor.

**Eismann** · June 22nd, 2007 03:11 PM

I will be very surprised if our courts ruled on this one so quickly....but I'm not saying it can't be done...he-he.

**smooth** · June 22nd, 2007 03:24 PM

Originally Posted by mazdamazda

I am not sure how... I'll try to get the full court ruling regarding this.

Baka naman yung seller na rin ang nagsabi na alam na niyang may defect yung transmission when he was called to testify.

i heard this on the radio. hindi ko din alam ang kumpletong storya pero ang naaalala kong sinabi sa radyo: dealer ng mga second hand cars ang seller plus abogado ang nakabili. also, it took something like 4 or 5 years (IIRC) ang kaso bago nadesisyunan ng korte. i'm not sure kung subic ata ang pajero pero parang ang pagkakaalala ko e subic nga ata.

i think the landmark case would apply to dealers of second hand cars.