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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26694
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I just bought a 2008 f250 super duty 6.4L diesel from tysons

Customer Question

I just bought a 2008 f250 super duty 6.4L diesel from tysons ford in Va on 7/16/2013. It was as is no warranty. $32,000, 87000. I drove it off the lot and have had nothing but problems with it. Constant regeneration, dpf issues We went on vacation 150 miles away. We drove home and it broke down on 95n. we called a tow truck and he took us to a ford dealer. $200. The dealer said bad sensor and they replaced for $507. The tech said it looked as though someone may have cleared the codes. While I was there I bought an extended warranty. Meanwhile I called the dealer where I bought it to see if they would help, and they said I was S.O.L. We drove another 30 min and we broke down again. called for another tow. He took us home for another $480. I called the dealer when we got home and they said they would send a truck to get it and they did. I had spoke to the manager and asked if I could look for a different vehicle and he snickered and said no. The service manager called and said it will be $1100 to fix it. At this point I am so angry and I need to know my rights. thanx XXXXX XXXXX Silver spring MD, 20905
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 11 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

what are my rights, do I qualify for lemon law even if its used

JD 1992 :

No, there is no lemon law on used vehicles.

JD 1992 :

When you purchase a vehicle "as is" you don't have any warranty rights that aren't expressed in writing.

JD 1992 :

The exception would be if the dealer made specific fraudulent misrepresentations.

JD 1992 :

Specific means something like "we just replaced the transmission less than 1000 miles ago" and it wasn't ever replaced. It would not include things like "it's in good shape".

JD 1992 :

The only thing I see in your facts that could possibly help you is the part about it "looking like someone wiped the codes".

Customer:

The misrepresentation is I tought I was buying a vehicle that will work

JD 1992 :

That's not specific enough to overcome the "as is" issue. If it were then that would never apply.

JD 1992 :

If the dealership wiped the codes to hire something then you could have a claim for fraud.

JD 1992 :

hide something.

Customer:

I cant seem to prove that...by hearsay

JD 1992 :

The person at the dealership that told you that could testify as an expert. It might be hard to prove the dealership did it, but often you can look at past service records on a vehicle or contact the other owner and they could tell you what kind of troubles it was having.

Customer:

ok, So I suppose I am stuck with a USED lemon

Customer:

The sad this is if I sell it to someone with these issues, it would be their problem...that would be so unfair

JD 1992 :

That is one of the problems with buying a vehicle "as is". If there's a problem you get hosed. That law was put into effect to help dealerships, not consumers unfortunately.

Customer:

thanks for your time

JD 1992 :

You're very welcome. I wish I had better news for you but that's the way the law is sometimes. You may want to get a local lawyer to do a little checking for you and maybe even threaten them because of the chips being cleared issue and see if you can get some money back.

JD 1992 :

Then, of course, blast them on Yelp and other consumer websites.

Customer:

sure will...thanx

Dwayne B., Lawyer
Satisfied Customers: 26694
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Dwayne B. and 2 other Consumer Protection Law Specialists are ready to help you
Expert:  Dwayne B. replied 11 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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