“I understand that the dealer is not required to make any repairs…”
A dealer sold a Mazda to a repeat customer. Within an hour, what ideally would’ve been the happy conclusion to a sale turned into a scary and potentially expensive situation. The car started making what he describes as “loud and scary” noises.
Kenny Martin (@kennycompcars) of Competition Cars and Classics in Salem, Virginia said the couple who bought the Mazda6 called him 30 minutes after they left the lot to report the issue. Because the car was used, Martin may have been able to tell them the problem was theirs.
What he did instead is giving people faith in used car salesmen.
“Yesterday I sold a 2014 Mazda6 with approximately 177,000 miles on it. Pretty decent car and the car was sold as-is,” Martin says in a TikTok about the Mazda6. He says the vehicle had already passed Virginia’s state inspection and that the customer had test drove it prior to buying.
On top of that, he says the buyer also took the vehicle to their own mechanic for a pre-purchase inspection, where it “passed with flying colors.”
Given the foregoing, it’s little surprise the couple decided to buy the Mazda.
However, shortly after Martin got home from work, they sent him a video. In it, you can hear the Mazdda6 making a loud squeaking sound as it drives.
Martin notes that the client is a “repeat customer” and that while he appreciates anyone who purchases from him, he especially values people who make a point to give them their business again.
This philosophy is apparent in their correspondence, which Martin shared in a screenshot. The customer said they were at a loss about what to do, to which he responded that the noise sounded like a brake caliper. He asked if they’d gotten the vehicle home, which they had then offered to pick it up the next morning to see what was wrong it.
Martin was right about the brake caliper.
“It was only a brake dust shield bent and rubbing,” Martin writes in a text overlay. He says he has no idea how the damage occurred after the customer purchased the vehicle. But his dealership got it fixed.
In addition to fixing the problem and getting it towed to the shop, Martin decided to fill up their gas tank.
The total for the gas came out to $52.14, which he says was almost as much as the $85 tow and repair.
Martin notes that the sale of the Mazda was “as is,” meaning that he probably could’ve just let the couple deal with the problem themselves.
Virginia state law backs this up. It mandates that customers receive a written disclosure with “conspicuous” nomenclature clearly detailing the vehicle’s as-is status and that they sign it. It must read in a bold font size no smaller than 10: “I understand that this vehicle is being sold ‘AS IS’ with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs that this vehicle will need.”
But just because a car is sold as is doesn’t mean a car seller can’t be on the hook—but only if they sell a vehicle with a known defect and fail to disclose it. The Virginia Consumer Protection Act (VPCA) states, “Fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: … Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model … without clearly and unequivocally indicating” the nature of the goods.
Although Martin gladly performed the repair, he does say that going the extra mile for buyers in this instance does potentially open him up potential problems down the line. Namely, that because he got this work done for free, there could now be an implied seller warranty appended to the car. Martin says that the customer could, months down the line, get an attorney who could contest that his agreement to fix the brake pad, despite being a simple repair, may be extended to any other service work later on.
To avoid this, he said he uses a good will repair form that the customer signs. It states that any fixes do not imply there’s warranty coverage.
In this situation, there’s a good chance Martin could’ve left his customer to deal with the repair themselves. That’s because, according to him, the vehicle had passed state inspections, which is also a requisite for Virginia dealer sales. Moreover, the buyer took the car to another mechanic for a pre-purchase inspection and no issues were found with the car.
However, Martin didn’t want the buyer’s experience to be a sour one, especially right after making a purchase. He said he’s heard about other dealers invoking as is agreements to avoid fixing cars that had problems shortly after the sale.
Martin said that while it would have been “perfectly legal” to tell the Mazda6 buyers to kick rocks after the purchase, that doesn’t necessarily mean it would have been “right.”
He added, “I want my customers happy. I think having a car 30, 40 minutes after you purchase it is ridiculous … it should be taken care of by the dealer in most instances.”
Martin’s act of good will impressed his audience. One wrote, “You’re an honest dealer. Where are you located?”
Another agreed, “That guy is a good man to to fix the car!!!”
Motor1 has reached out to Martin via email for further comment. We’ll be sure to update this if he responds.
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