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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 52242
Experience:  Licensed attorney helping individuals and businesses.
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My wife and I bought a used car from a dealership in Minneapolis,

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My wife and I bought a used car from a dealership in Minneapolis, and we've recently found we've got major problmes with the car. It was sold as is with no warranty, but it was the owner's wife's personal car that they had for maybe 2 or 3 years, and he indicated it was in great condition except for a chip of rust near the gas tank. The dealer advertised it as none nicer.

We bought a 2002 Lexus RX300 that my wife has been dreaming of for a long time. She doesn't drive it often so she does't have a lot of miles on it in the roughly 4 months we've owned it. A month ago the oil light came on, and it was found to be 4 qts low on oil, and it takes 5 when full. We had it chcked at Lexus last week and they said due to an internal failue the engine needs to be replaced, etimated at $9,500 for a short block, more than we paid for the car. We bought the car May 31st if I remember correctly for about $7,800.

Do we have any recourse perhaps in small claims court or whatever with the dealer who sold it, even though they clearly said As Is, No Warranty? If we do have recourse, what options do we have to proceed, and how do we quantify if the risk/reward possibility is worth pursuing it? Really, what are the risks that we might not be aware of in pursuing it?

Do we hve options that might have the dealer cover perhaps half of the repair costs?
We like the car, and the other mechanics of it, just not the major surprise on the engine.

We feel it was fraud, he posted NONE NICER, he had to know there was an oil problem, and we have a letter from Lexus that basically says so, indicating this problem was present for at least over 5,000 miles (more than twice what we have put on it) and the previous owner would have to have known, .
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 2 years ago.

Infolawyer : Hello,
Infolawyer : you may pursue damages for fraud.
Infolawyer : Basis for doing so would be seller misrepresentation.
Infolawyer : You may pursue civil action in court and complaint to the attorney general office.
Infolawyer : You may also have a consumer protection lawyer pursue on commission.
Infolawyer : Would you like a lookup directory which you can quickly use to find a local lawyer to handle your case?

Yes I'd like a directory, because we aren't impressed with the Minnesota auttorney general's office, and their low key response to consumer problems.


How does the Sold As Is - No warranty impact this? Is fraud a reasonable option, and what proof is needed? Do we have enough proof is really the question?

Infolawyer : Gladly
Infolawyer : and are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Infolawyer : A good competent lawyer should be able to exert pressure which leads to settlement.
Infolawyer : Wishing you the best.
Infolawyer : Is that acceptable?
Infolawyer : The sold as is makes it harder.
Infolawyer : But fraud lets you recover even in used vehicle sales.
Infolawyer : Because fraud is a tort and not a contract claim.
Infolawyer : So absence of warranties not so relevant.

OK we'll look into the directories.

Infolawyer : Good luck!!
Infolawyer : I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Infolawyer : Have a nice weekend.
Infolawyer, Lawyer
Satisfied Customers: 52242
Experience: Licensed attorney helping individuals and businesses.
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