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Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 20771
Experience:  30 years experience in general legal matters.
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We bought a car from a dealer on Monday. While test driving

Resolved Question:

We bought a car from a dealer on Monday. While test driving the car we smelled radiator fluid and noticed a small amount a fluid had leaked on the ground while parked at the bank. We drove back to the dealer and he had a mechanic come look at the engine. The mechanic replaced the thermostat and hose thinking that that was where the leak was coming from. Thinking that was the problem we proceeded to buy the car. On Tuesday morning one of my daughters friends who was sitting in the backseat on the passenger side noticed the rug was saturated with green fluid. On Wednesday we brought the car back to have them look at the car. Turns out the heater core was leaking and needs to be replaced. The sales manager said that it was not he responsibility because the cooling system is not part of the engine or drive train. We do have a implied warrantee that came with the car. The dealer said that we can not return the car,(15 day 500 mile warranty of merchantability) but will pay for half the repair bill. The cost the to repair the car is close to $700.00.My daughter who is buying the car wants to return the car. What can/should we do I no mechanic but the car can not operate with a cooling system.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

Before we begin, a bit more detail would be helpful please.

Can you confirm that you have an express warranty for 15 days or 500 miles?

Thank you.

JudgeLaw
Customer: replied 1 year ago.
yes I think so
Customer: replied 1 year ago.
it may be Implied
Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX the additional information.

There is no such thing as an implied 15 day warranty.

If you bought the car as-is then take the offer of one half the repair bill because the seller has no responsibility to repair the vehicle if sold as-is.

If you have an express warranty then the seller is responsible for upholding the terms of the warranty and you could sue them for breach if they fail to do so. Though, you should check the warranty for the process of appealing a denial of claim because there may be mandatory arbitration required before you can file suit.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 1 year ago.
there is a section that states that the seller herby warrants that the vehicle will be fit for the ordinary purposes for the vehicle is used for f 15 days or 500 miles after delivery. We can drive the car with out a cooling system nor with antifreeze leaking into the car can we?
Expert:  Loren replied 1 year ago.
Thank you Rich. That is very helpful.

Correct. The seller is required to fix the cooling system under the express warranty provision.

Thank you.

JudgeLaw
Customer: replied 1 year ago.
I not sure if I understand the definition of express warranty provision means. Can you explain what it means please
Expert:  Loren replied 1 year ago.
An express warranty is one in which the terms are written out.

JudgeLaw
Loren, Lawyer
Satisfied Customers: 20771
Experience: 30 years experience in general legal matters.
Loren and 3 other Consumer Protection Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you, Rich, for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/

Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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