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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Consumer Protection Law
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Experience:  Knowledgeable in the areas of consumer protection.
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I BOUGHT A USED CAR WITH A 2 YEAR WARRANTY AND I SIGNED AS

Resolved Question:

I BOUGHT A USED CAR WITH A 2 YEAR WARRANTY AND I SIGNED AS IS PAPERS. I ONLY HAD THE CAR FOR 6 HOURS YES 6 HOURS. BEFORE IT BROKE DOWN, THE CAR LOT PICKED UP THE VEHICLE AND IT TOOK OVER A WEEK TO GIVE ME THE CAR BACK, THEY FINALLY FIXED THE CAR AND I RECEIVED IT BACK FOR ONLY 5 DAYS THIS TIME AND AGAIN IT BROKE DOWN AND I HAD IT TOWED TO THE CAR LOT. I SPOKE TO THE MANAGER AND THEIR NOT WILLING TO BREAK THE CONTRACT OR GIVE ME ANOTHER VEHICLE.WHAT ARE MY RIGHTS? I LIVE IN ILLINOIIS SO THEIRS NO LEMON LAW
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Attorney & Mediator replied 3 years ago.
WHAT ARE MY RIGHTS?

Unfortunately "as-is" contracts in Kansas are legal. Which means the buyer accepts the purchase of the vehicle in its condition and has no rights to later change their mind or seek to break the contract. The only way an "as-is" contract may be broken is if the dealer made specific misrepresentations regarding the vehicle. Again the misrepresentation must be specific. For example, a misrepresentation may arise when the dealer says the engine is new, when infact it is not. There are no misrepresentations in a general statement. The misrepresentation must be specific. If that has happened to you then it would give you the right to sue for breach of contract based on those misrepresentations. Otherwise, you are unfortunately bound to the purchase.

You may wish to have your agreement reviewed by the local better business bureau who is in the business of helping consumers in such situations and see if they can help. But based on the information you have provided, you don't have a strong case without a misrepresentation.

Sorry to be the bearer of such bad news.



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Customer: replied 3 years ago.
after i signed the contract and was on my way home i notified my sales guy brian that the engine light was on and my sales guy brian stated it was just the censor and told me to come back on monday for the censor then the next day the car broke down
Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply.

The contract is still binding and brian did not make any specific representations regarding the fitness or quality of the sensor. Kansas does not obligate a dealer to disclose anything about the car if it is being sold "as-is".




Please click accept, and I can help with further questions if you have them.

_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
you keep saying kansas i live in illinois
Expert:  Attorney & Mediator replied 3 years ago.
That's strange your first post stated Kansas, but I now see it is Illnois. My appologies for that.

Okay in Illnois an "as-is" vehicle is not sold with a warranty? Can you tell me the terms of the warranty?

Thank you.
Customer: replied 3 years ago.
my 2 year warranty is included in my car payments. it basically takes care of the engine & electrical) with the exception of oil changs & break pads . the
Expert:  Attorney & Mediator replied 3 years ago.
What is the basis for the break down?
Customer: replied 3 years ago.
the first break down was the gas tank, the car i bought had 2 and now it seems to be the same problem which has not been confirmed as of yet by the car lot mechanic however the manager did state to me that they put $2000 into the initial problem and it couldnt be the problem. but the car lasted 5 days after the initial repair. like i mentioned before they are not willing to cancel contrat nor exchange vehicles even though i bought the car 3 weeks ago and only had it for 5 days total
Expert:  Attorney & Mediator replied 3 years ago.
Thank you for your reply.

Okay for Illnois the purchase is legal unless there is a specific misrepresentation regarding the fitness of the vehicle to induce the buyer into purchasing. When there is a warranty, the dealer is only bound to the warranty you purchased. Unless the warranty says you are entitled to exchange or a refund of the vehicle, the dealer is unfortunately not required to break the contract.






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Attorney & Mediator, Lawyer
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