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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I bought a 2010 chevy traverse from an chevy dealearship. Within

Customer Question

I bought a 2010 chevy traverse from an chevy dealearship. Within one month it had to be towed to the shop. t5hey could not find anything wrong but cause the engine light was not on. on may the 22 my car messed up again, so I called the shop. the told me to bring it in,so I did.i dropped the car off that evening. the next morning the car would not start, so they had to jump it off to get it to start.wnen they put it on the computer, it showed something was wrong with the wiring.they took the dash apart and all the wiring has coroeded. I went back to the dealership and they refused to help me and threw me out of the lot. what can I do???????????????
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
Hi!Customerhere. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended.
Thank you for your patience while I researched this for you.
Unfortunately, Oklahoma does not have a Lemon Law that covers used cars. Please see: http://www.ok.gov/omvc/documents/Lemon%20Law%20Guide.pdf
However, there are 2 possible ways to recover, assuming the facts fit one of the options.
The first is if the car is under warranty; most car dealerships offer warranties, and if this is the case, and the warranty was purchased, the dealer would need to ensure that the car was repaired under the terms of the warranty, or they can be liable for breach of warranty (basically economic cost of having a third party repair the car)
Information on warranties and liability for breach: https://www.ftc.gov/tips-advice/business-center/guidance/businesspersons-guide-federal-warranty-law
The other avenue, which is more difficult, is for fraud - an intentional false representation of a material fact which the seller knew to be false and which the buyer (reasonably) relied on to his detriment. Representations generally involve direct and specific declarations. However, any statement intended to communicate a fact or create an impression, illusion, or belief may constitute a representation. A representation may include an answer to a question as well as an unprompted statement.
An example of a successful case is where a dealership represents that a used car had never been in an accident and that was a material factor in the buyers' decision to purchase the car (and it was later discovered that the car was in fact in a prior wreck); another example is when a dealer represents that a car can tow an object which in reality it cannot.
Additionally, for as is sales, unless the language clearly and conspicuously waives the implied warranty of merchantability, that warranty is not waived - this represents that the item can be used in the manner for which it is typically purchased. If this language is not waived in the contract, it is easier to prove than actual fraud.
I'm sorry if this is not the information you wished to hear; however I feel I would be doing you a disservice if I did not provide accurate information. As such, please don't rate negatively due to the content of the information, but rather on the accuracy of the information. Thank you kindly for your understanding. If you have any follow up questions, please do not hesitate to post here.
Thank you.
Expert:  LegalGems replied 1 year ago.
Under OK's Motor Vehicle Act, a dealer can be fined and his license revoked if:
d.has committed a fraudulent act in selling, purchasing or otherwise dealing in motor vehicles or manufactured homes or has misrepresented the terms and conditions of a sale, purchase or contract for sale or purchase of a motor vehicle or manufactured home or any interest therein including an option to purchase such motor vehicles or manufactured homes,
Statute here: section 47-584: http://law.justia.com/codes/oklahoma/2014/title-47/section-47-584
If any fraudulent representations were made, I suggest hiring an attorney, as many dealers ignore complaints/demands by consumers, and are more likely to react to a demand letter from an attorney citing the relevant statute and any applicable case law.
Customer: replied 1 year ago.
I have only had the car since feb 14, 2015. the shop told me that my car can catch on fire.
Expert:  LegalGems replied 1 year ago.
If the warranty of merchantability was not waived, and the car is not safe to drive in a normal manner (as used by an average consumer) then the dealer would be liable, even if there was an as is sale. If there were specific warranties, and the dealer refuses to honor them, then the dealer is liable for breach of warranty.
If the car was bought and all known defects were disclosed and the buyer agreed to an as is sale which also waived the implied warranties, then the dealer would not be liable, because the responsibility shifts to the buyer at that point so long as there was no fraudulent behavior on the part of the dealer. My last post suggested having an attorney review the contract - I'm not sure if you had a chance to review that.
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent - which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!

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