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LegalGems
LegalGems, Lawyer
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on april 6th I bought a used car in a dealer about 1 1/2 month

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on april 6th I bought a used car in a dealer about 1 1/2 month ago. they gave us three days to try the car and return it if we don't like it in that period. we liked it a lot so we kept it and added to the contract a gap protection and a power train warranty (they wouldn't sell us a higher warranty because the car has more than 100k miles and is a 2006) they tood us the car was in great condition and that they did a 19 points inspection. they mentioned the car was involved in an accident but that nothing serious. It was not salvage.

On may 14th we did an inspection in the auto service for nissan cars. the car had the engine mount torn, the control arms needs to be replace, the trans cooler duct is hanging, etc. We called our warranty company and they told us they wouldn't cover none of those repairs, they cost over $2500. I contacted the dealer and they are just playing around and saying they are trying to get to fix the car in their service department but they need approval from the warranty people because that company is making them a favor. The dealer don't call me or return my calls. I stopped by today and they still say they don't have an answer yet.
What can I do? if I traide the car I will loose $6k !!
is there any way I can do something? advice pleaseee! I'm in colma, california
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems : Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
LegalGems : I am sorry to hear of this situation. One moment please as I review your question in detail, and do some research on this issue.
LegalGems : This situation is going to depend on the actual terms of the contract. Unfortunately, here at JA/Pearl, we are not permitted to review the contract itself, which is essential in a situation such as this. For example, you mention that the dealer gave you 3 days to try the car - the gap period. However, even if you had the gap period to try out the car (this is something that you normally need to bargain and pay for, and very few consumers are aware of this option, so I am quite pleased to hear that you were aware of it - kudos!) once the gap period expired you would assume the role of a customary buyer. What this means is that you would have to determine if this was an "AS IS"sale. The reason this is important is because if it's an as is sale, generally implied warranties are inapplicable, which would be very unfortunate.
LegalGems : This would be where the USED BUYERS GUIDE becomes relevant- as this guide specifies, in detail, exactly what was warranted upon the purchase of the vehicle.
LegalGems : If a dealer makes a representation that a car is in "great condition", this can be not only a violation of the implied warranty of merchantability, but also the implied warranty of fitness for a particular purpose.
LegalGems : Of even more importance, the DMV regulates a dealer's action, so if it can be determined that the dealer violated any DMV regulations, that dealer is then at risk and their dealer license can be suspended/revoked..
LegalGems : Here is the website for the DMV that deals with car dealers: http://www.dmv.ca.gov/consumer/invest/inv172.htm.
Customer: Also, if they did the inspection as they told us, they should had told us that the car needed urgent repairs. I wil investigate with the DMV and hope can get this solve because of the safety of my family. Thank you
LegalGems : Yes, you are correct; if the inspection revealed any repairs were needed this should have been disclosed. It is distressing because many car dealers and car repair shops are more concerned with making a quick buck, versus safety issues. If a dealer engages in behavior that is deceptive on a regular basis, that is in violation of the unfair and deceptive business practices act; however it puts the burden on the consumer to locate other consumers who have been deceived - making it that much more difficult to enforce.
Customer: I really want ghis to get solcr. What do you meant with it puta the burden on the consumer?
Customer: and could you
LegalGems : The burden is on the consumer to locate other consumers who have been misled by deceptive business practices if the consumer intends to pursue a claim for unfair and deceptive business practices (this is a claim separate from misrepresentation)
LegalGems : It appears that the site is having issues; as I am unable to review your entire response - and my last post did not go through.
LegalGems : Yes; I just received notice of system errors. Hopefully you are able to view my replies.
LegalGems, Lawyer
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Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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