Surplus car, installment downpayment, Broken suspension Coil spring, Loose wheel nuts

anonymous
This person has chosen to hide his/her identity.

Last day po kumuha po ako ng surplus na sasakyan, bale installment po, almost 70k po ung DP. Ang nangyari po ay ganito, before daw po nila nilalabas ang unit is tsini.checked daw po nila ang unit if ok na sya or pagkatapos i.check. Kaya ayun na po, nareleased po ang sasakyan. Nasa Manila po ako nong hinatid po sa bahay ung sasakyan, at gabi na ako dumating (sa Cebu po yung amin).

Pagdating ko po tinanong ko yung partner ko na bakit nangangamoy gasolina? Tapos binalewala ko lang kasi po nawawala din yung amoy. Pagkatapos po nag.drive na po. Pagparking ko po, nakita ko po ung gasolina is mabilis na lumalabas sa tangke nya, yun pala walang clip or clamp sa may tangke nya kaya ang ginawa ko po is nilagyan ko po ng alambre para po mahigpitan ang mabawasan ng unti ung agas. Kasi po bukod sa gabi na araw pa ng linggo kaya no choice ako na gumawa ng paraan at sa awa ng diyos naging ok na.

Kinabukasan 1st bday ng baby ko. Plan po namin na pumunta sa Simala Church para po mapablessing at kasama na din ung drive test. Malayo po kasi sa amin kaya ok na ok ung desisyon namin. At hindi din namin gusto na madisgrasya kami. Scenario, malayong malayo na ung inabot namin, may tumutunog, mahina nong una kaya napatawag kami sa salesman at ang sabi po Sunday ngayon kaya hindi sila makakrescue which totoo nga naman at ang sabi nya if mahina lang ung tunog is ok lang daw na ipagpatuloy pero lumakas ng lumakas ang tunog kaya naalarma na po ako kaya nagdesisyon na kami na tumigil at tingnan kung anu man yun.

Tumawa may lumapit samin na Brgy. Tanod at nagtanong kung anung problema at anu and pwede daw nya na maitutulong, kaya sinabi namin ung nangyari at sinabi nya din na may kakilala sya na mekaniko na pwede makatingin. At wala po akong sinayang na panahon, pinuntahan ko yung mekaniko at sinama ko sa unit. At ng tingnan nya po at echeck kung saan ung tumutunog ay laking gulat nya kung saan nanggagaling, don pala sa Coil Spring sa kaliwang bahagi ng gulong sa likod at naputol. At ang isa pa is ang mga nuts sa mags ng gulong is lumuwag or hindi nailagay ng maayos. Sa sobrang gulat ko,nagpasalamat ako sa Panginoon na walang masama sa nangyari samin at sobrang sama ng loob ko at nanginginig sa halo halong nararamdaman.

Tumawag kami ulet..sabi linggo. Hirap daw humanap ng mekaniko ngayon kasi rest day. Kaya nagdesisyon nalang kami na bumalik sa dahan dahan na paraan. Kaya nakabalik kami. Pinapunta kami sa main branch nila sa Minglanilla. Pero sa kabila ng mga nangyari..na pwedeng ikaaksedente namin or pwedeng mangyari wala po silang ginawa, kahit pakunswelo lang. Marami kaming dala at marami kami pero hindi man lang nila naisip na ihatid kami or bigyan muna ng ibang unit para may magamit pansamantala. Ang malaking katanungan ko is wala pang isang buwan naputol na? Baka ung ibang parts ganun don siguro ang problema. Isang malaking kalukuhan po ung sinasabi nila na nag.checked po sila pero ganun ang nangyari. Wala pang 2 araw pero ganun ung nangyari? Kung ganun, ano pa kaya ang nakatago na sira sa mga parts? Ok lang sana kung makina kasi tanggap ko eh ito mga parts.

Hindi na nga natuloy ung bday ng anak ko, hindi din kami natuloy sa mga lakad. Anu po ba ang pwede naming gawing legal? Kasi po masakit po sa loob ko ung nangyari, takot na takot po ako kasi kasama ko po pamilya at mga friends ko pero okie na daw ang unit pero malaki pala ung problema? Di ba po malaking kalokohan and maglabas ng unit na wala pang 1 araw is meron na agad? Hindi nila inisip na pwede ikaaksidente ng costumer at isa sa mga nagpasama ng loob ko wala man lang silang binigay na kahit pakunswelo lang na maibsan ung takot namin.. Maraming salamt po.


Translation: The other day, I bought a surplus car on installment basis. I paid 70 thousand pesos as downpayment. The selling company told us that before they release the car, they would check if the car is ok. I was in Manila when the car was brought to our house (We live in Cebu), and I got home in the evening.

When I got home, I asked my wife why it smelled of gasoline. But I dismissed it afterwards, since the smell went away. Then I took the car out for a test drive, and when I came back and was parking the car, I saw that gasoline was leaking out very quickly from the tank. And I found out that there is no clip or clamp on the tank opening. So I used a wire to tighten it and stop it from leaking. Because since it was Sunday, we had no choice but to fix it ourselves for the meantime.

The next day we planned to go to Simala Parish/Church, since it was the first birthday of our baby son and to have him blessed. I also saw this as an opportunity to test driv the car. Simala church is also quite far from us. We were able to reach quite a far distance, already when we heared something coming out of the engine of the car. At first, it was not that loud. But I decided to call the salesman and he said that since it was Sunday, they could not go over there to help us. He also told us that if the sound is not so loud, we can continue to drive it. But the sound grew louder and louder, and so we decided to look under the hood and find out.

A Barangay Tanod came over and asked us what was the problem and what he could do to help us. So we told him about the sound, and he said that he knows a car mechanic whom he can refer to us. I quickly went to fetch the mechanic and show him the car. The car mechanic was surprised to find out that the suspension coil spring on the left side back tire was broken. He also found out that the nuts on the mags of the tire were loose and not tightened (loose wheel nuts). I thanked God that nothing bad happened to us, and I was also very angry at the car sales company.

We called the car selling company again and they told us that it was Sunday and it was dificult to find a car mechanic since it was a rest day. So we decided to return home and just drive really slowly. And we were able to get back to our place. We were asked to go to their main branch in Minglanilla. But despite all that had happened, and the accidents that could have happened, they did not do anything, even as consolation. We were many and we brought a lot of things, but they did not even think of giving us a ride back home or lend us another car for the meantime.

But the question on my mind is this: Itwas not even a month, and the coil spring already broke? Maybe the other car parts have the same problem. I also can't believe that they checked the car before releasing and bringing it to us. There might be other parts that have problems, that we still do not know of. If it were mechanical problems, I would have accepted it, but these are car parts that had the problem. Didn't they think that the customer/buyer could have gotten into an accident because of their negligence? I was really afraid for my family. What could we do legally against the seller/car sales company?

Reply as anonymous (Your real name and picture will not be seen)
Adelaimar C Arias-Jose
is a Legal expert in the Philippines
It is true that people buying second hand articles have some protection – the seller is deemed by law to give a warranty that the car is in running condition. However, in truth, kapag ikaw ay bumili ng surplus or second-hand car, you have to beware. Luma na ang sasakyan, so, kailangan ikaw ay gumawa ng thorough na inspection to see the condition of the car- kung umaandar ba ng maayos kahit luma. You can deny acceptance of the car if it is not what you have been promised. Caveat emptor – let the buyer beware. I think that the most that you can get is to get back what you paid for. But you will have to go and see a lawyer so that you can get advice.
The medical information contained in this section is not intended for treatment or prescription. It is used to complement, not replace, the communication between a patient and their physician. Reliance on any information provided by BuhayOFW or any medical experts is solely at your own risk. If you have a medical emergency, call your doctor or go to the hospital immediately. BuhayOFW's Medical Review Board is a team of board-certified doctors who ensure our content is medically accurate and reflects the latest in health information. Our experienced board of medical professionals verify that our content is thorough and all-inclusive, in order that you can trust the information you read here will help you through improvements in your health journey—whether that’s for yourself or for a loved one.

Disclaimer: The materials available in the Buhay OFW web site are for informational purposes and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Buhay OFW and the user or browser.

If you are a legal expert who would like to help answer questions, please register here.