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Any legal minds/lawyers can help me?

 
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Tbaby View Drop Down
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    Posted: Apr 17 2014 at 3:23pm
IA w/ the poster who said to contact the media (TV or newspaper) consumer advocate reporters to see if they can help you out.  I recently bought a used honda and it's "as is" but its a very late model that still has the original warranty.  And bring a mechanic too, who can actually see what is the problem.  You will have to pay him for his time, but at this point you don't have many options here.  Sorry this happened to your mom.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ms_wonderland Quote  Post ReplyReply Direct Link To This Post Posted: Apr 17 2014 at 12:12pm
Originally posted by Addicted19034 Addicted19034 wrote:

Bump

What blew up in the car
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Post Options Post Options   Thanks (0) Thanks(0)   Quote melikey Quote  Post ReplyReply Direct Link To This Post Posted: Apr 17 2014 at 10:23am
Seems like something from people's court.

It's weird they took the new car back to fix it and then never did.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Addicted19034 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 17 2014 at 9:54am
Bump
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Post Options Post Options   Thanks (0) Thanks(0)   Quote afrokock Quote  Post ReplyReply Direct Link To This Post Posted: Apr 17 2014 at 1:30am
Originally posted by SoutherNtellect SoutherNtellect wrote:

yall ran them off
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Post Options Post Options   Thanks (1) Thanks(1)   Quote trudawg Quote  Post ReplyReply Direct Link To This Post Posted: Apr 17 2014 at 1:21am
"As is" eliminates a lot of warranty breaches. However Breach of warranty of merchantability may be present if you can prove the defect existed at the time of sale.


Personally, I would contact the BBB, Attorney General and the DMV for recourse with dealers who do not deliver what was promised.

Warranty of Merchantability

The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong.

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

- See more at: http://consumer.findlaw.com/lemon-law/dealer-used-car-sales-and-warranties.html#sthash.1YuUmHoP.dpuf



Edited by trudawg - Apr 17 2014 at 1:22am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote SimplyPut Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:57pm
There's ways around someone else holding a title as well. There are many things that could factor in. As Cream stated, laws verify from state to state, so she should just go in and ask for a consultation, or just pay from some one time legal advise.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Cream1970 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:56pm
I don't buy a used vehicle without paying an ASE certified mechanic to do a 200+ point inspection. I drive vehicles LITERALLY until the wheels fall off, I know how fast new cars depreciate, so I buy preowned with an extended warranty and keep them 10+ years. (Unless I lease)
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Post Options Post Options   Thanks (2) Thanks(2)   Quote Cream1970 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:50pm
Oh,; whoever holds the title owns the car. But, if she didn't sign a work order and give consent to repairs without even knowing how much or what the repairs would be, I don't see how she could be responsible for the repairs. Technically, yes, verbal consent can be given, but no one gives consent without an estimate.

Y'all need to secretly record that mufuga. Whether in person or on a phone call.

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Post Options Post Options   Thanks (2) Thanks(2)   Quote Cream1970 Quote  Post ReplyReply Direct Link To This Post Posted: Apr 16 2014 at 9:43pm
I'm not a lawyer but I sold cars for years. This could go either way.Most used cars are sold "as is", & it breaks down on the ride home, you're SOL. Buuuuut, a reputable dealership will usually work will the customer. Now, if asked directly about a specific part of the car, (per Judge Mathis), the seller is supposed to disclose any major issues. For example; "Any issues with the transmission?" & the seller says "no", & the transmission goes out 2 weeks later, then that's a big problem. If it goes out 6 months later. ..*shrugs*

They should've given her a loaner.

Is the newer car still under factory warranty?

I would give them a clear deadline to return my repaired car, a suitable replacement or my old vehicle. If not, I'd contact my local news and have their trouble shooter take a go at getting answers.

Laws vary from state to state but if they're not providing her with a loaner, & they have BOTH cars while she's paying insurance and a payment on a car she doesn't have use of, that's a big problem. I just don't know if it's a legal or ethical one or both.
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