How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask David Weilbacher, Esq. Your Own Question

David Weilbacher, Esq.
David Weilbacher, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 335
Experience:  General Practice Attorney
16956515
Type Your Consumer Protection Law Question Here...
David Weilbacher, Esq. is online now
A new question is answered every 9 seconds

Im a senior citizen and purchased a used vehicle on my own.

Resolved Question:

I'm a senior citizen and purchased a used vehicle on my own. (which my chldern are still upset about). One week later it stalled several times at red lights etc. but it stalled again as I was pulling onto a major road. Since i had no power steering it landed across the 2 lanes of heavy traffic which could have ended very badly. I took it to the dealer immediately. He "fixed" the problem and told me it was good to go. It stalled 5 min later. He picked it up from where i was & kept it for 5 days. I was told again it's "safe" to drive; "nothing is wrong with it". It stalled again a few days later but assumed it was low on gas (1/4-1/2 tank) so I did not report this and fill the tank. Yesterday (w/full tank) it stalled as I was exiting a busy high way. Again I was at risk of injury and/or death as hevy traffic continued to exit the highway. Since I'm too nervous to drive it and my childern don't want me in it; I called the dealer requesting a refund or exchange. They had two chances to fix it and found no problems. The declined my request and offered to look at it again. do I have any rights as a concumer to assume that a vehcile should 1. run w/out stallinf and 2. be safe to drive?

Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  David Weilbacher, Esq. replied 1 year ago.

David Weilbacher, Esq. :

Hello, my name is XXXXX XXXXX I’ll be happy to assist you. Please stand by while I review your question, and do any necessary research.

David Weilbacher, Esq. :

I need some additional information.

David Weilbacher, Esq. :

Did your purchase come with a warranty, or did you buy it "as is"?

Customer: replied 1 year ago.
No, but I assume a vehicle should "run" and be safe to drive even with out a warranty.
Customer: replied 1 year ago.

Are you still there?

Expert:  David Weilbacher, Esq. replied 1 year ago.
Under California's consumer protection laws regarding used cars:

A used car buyer may obtain a two-day sales contract cancellation option.
Used cars advertised as "certified" must meet specific requirements.
Used car buyers may purchase a two-day sales contract cancellation option.
There is no "cooling off" period unless you obtain a contract cancellation option. Consumers who purchase a used car for less than $40,000 must be given an opportunity to purchase a two-day Contract Cancellation Option Agreement.

Were you offered the option to purchase a cancellation option agreement?
Customer: replied 1 year ago.
No cancellation option was offered. I feel that because I'm an older female, that i was taken advantage of. I don't believe that they were unaware of the problems but sold it anyway.
Expert:  David Weilbacher, Esq. replied 1 year ago.
Wait. Disregard what I stated about the cancellation policy. For some reason I was under the impression you where in California. You are in Indiana, correct?
Customer: replied 1 year ago.
Yes. Fort Wayne, Indiana 46845
Expert:  David Weilbacher, Esq. replied 1 year ago.
Wait. Disregard what I stated about the cancellation policy. For some reason I was under the impression you where in California. You are in Indiana, correct?

If you bought the car "as is", without a warranty, you might be stuck with the car. I suggest that you do two things. 1) contact the Indiana State Attorney General, you can find the office's contact information at its website: http://www.in.gov/attorneygeneral/

2) Contact a local plaintiff's attorney. Have the attorney write a letter on your behalf demanding the repairs be made to your complete satisfaction, or your money refunded.

You can also contact the DMV to file a complaint.

If you have a complaint against a dealer, the state provides a complaint form for you to fill out.
However, the state also cautions that although the Dealer Division may be able to assist you with some problems (for example, not receiving your title from the dealer), many times you'll have to solve the issue on your own, or perhaps with the help of an attorney.
At any rate, you can mail the complaint form to:
Motor Vehicles Dealer Division
302 W. Washington St.
Indianapolis, IN 46204
Or, fax it to(NNN) NNN-NNNN
If you have a questions about Indiana's lemon law, you should contact the Indiana Attorney General's office at(NNN) NNN-NNNN Also, be sure to check out our Lemon Lawsection for more information, or search for an attorney on our lemon law attorneyspage.

I hope this answers your questions. If you need any clarification, please leave your questions here, and I will respond asap. If I can help further, please request me.

Please press the GREEN "ACCEPT" button so proper credit is provided for your Answer. Thank you and have a good day. This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

David Weilbacher, Esq., Lawyer
Satisfied Customers: 335
Experience: General Practice Attorney
David Weilbacher, Esq. and 8 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas