Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for your question.
Please permit me to assist you with your concerns.
Did you purchase from a dealer or a private party?
You mentioned that you knew it needed repairs--did you inspect it or were you informed of the need for repairs by the seller?
The truck was purchased from a dealer. They did an inspection on the vehicle and gave us the report.\
Who is the 'they', the dealer?
How old is this vehicle?
Yes, the mechanic shop at the dealer
the truck is a 1998
Was there any warranty at all, or literally 'as is'?
Were you assured that it was drivable?
Hmmm. Have you considered taking to a different mechanic just to get a review? I ask because a new mechanic may see the extent of damages and see what if anything they failed to inform you of
or what they reasonably may not have known
We took it to another mechanic after it died and they were going to do new spark plugs, mass airflow sensor, and a new battery, fuel pump & fuel injectors but the mechanic told me this morning that it was 2 gallons short of coolant and he thought maybe the engine was blown. When they tested the truck this morning they determined that the engine was indeed blown.
The mechanic this morning said that the dealership should have seen the coolant down by 2 gallons and should have known that the engine was probably blown
That is a potential positive claim. It sounds as if the dealer did not adequately care for the engine, and should have known that it was blown.
The mechanic today said that the head gasket was leaking and should have been spotted too as a potential large problem
That gives you a claim for either misrepresentation or negligence
How do I proceed with this?
in ether case the dealer should have caught it, and something you couldn't have as you are not a mechanic yourself
I don't need a 1.5 ton paper weight
1. contact the dealer with copy of mechanic report and demand they either perform repairs or take the vehicle back and refund the money
claim it was due to their lack of full disclosure
2. if that fails, escalate it to your state's Attorney General's office. They have a department for 'consumer protection'. Request that they investigate and pursue it on your behalf.
OK, I have another question.
I bought the car on my mastercard, can I contact the company and see if they will delay payment?
This is a very powerful option because if the AG's office finds out that they are at fault, they can most definitely potentially fine them as well.
It was still a valid sale--stopping the sale would create breach on your end.
OK that's good to know, don't want a breach of sale on this end
You can contac the card and ask if they can dispute based on that the goods you were sold were 'non-conforming'
should I do that before I talk with the dealership or after
If they agree, then you can dispute (rather than stop), and they can evaluate if you had a basis to stop the sale
do that first if you can
the office is closed until Monday
If the card denies your claim, you could always pursue it via small claims as well
but consider all the other steps first
Does that make sense?
So, talk with the credit card company about disputing the payment first
talk with the dealership next
OK thank you
You are most welcome, glad to help
if there is anything else I can assist you with, please do not hesitate to request me by name.
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