Consumer Protection Law
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Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. Did the contract address who was responsible for repairs?
Were you able to see my question above?
If the contract was As Is, then the buyer would generally be responsible. However, it can be argued that since the dealer offered to pay for the inspection, it was implied that they would assume the cost of repairs, or allow for rescission of the contract should the vehicle fail inspection. Generally a contract and any ambiguities are construed Against the drafter, so that would help. But it would come down to a judge's interpretation.
I have reviewed the statutes and it does not give specific responsibility to the dealer; it would depend on the terms of the contract. was the contract "as is"?
But the agreement to pay the inspection fee was included in the contract? Because that would seem contradictory (and if you saw my post above, that is in your favor).
Yes, I understand. I was trying to tie in the 2 - if he was willing to pay for inspection, one could argue implied contract to pay for necessary repairs. However, this will be difficult, since there was an As is contract. Please see the following excerpt from the attorney general's office:
bought a car from aused car dealerand it broke down within two weeks. Isn't the dealer responsible?
Under the terms of the contract, there would be no responsibility. However, a judge may see it differently based on the oral promise to pay for inspection. It could be argued that there was an implied representation that the dealer was so confident it would pass that s/he would foot the bill for the inspection fee.
So you could take your chances in small claims; or try negotiating with the dealer- but the as is language is not helpful.
You are welcome. Besides the tires, I hope you enjoy the RV - they can be quite fun!
I bet! Happy cruising!
I don't have the ability as I'm also an end user. However, you can copy and paste this into a word doc, or customer service has told me when you close the chat there will be a print/save button. Also, the site sends you emails with a link to this page so you can always come back here.
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