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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17464
Experience:  B.A.; M.B.A.; J.D.
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I recently bought a vehicle from a dealer and entered into

Customer Question

I recently bought a vehicle from a dealer and entered into an "as is" contract on said vehicle. Less than 24 hours later the vehicle broke down on me and left me stranded on the side of the road. I had put less than 300 miles on the vehicle at that point. I had the vehicle towed to a repair shop that found a faulty transmission was to blame. The transmission fault was caused by a part being removed. The transmission cooler, which acts like a radiator to for the transmission fluid, was removed and bypassed thus causing excess wear on the transmission and caused it to fail. Now it is going to cost almost $5,000 to fix this vehicle. I wanted to know what course of action I could take against the dealer in order to get them to pay for the repairs. Also, am I able to make them pay for my tow truck fees ($250) and rental car fees ($120). The truck was purchased in Virginia and I currently reside in Virginia.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
The vehicle was advertised in perfect mechanical condition. I asked the dealer specifically if there were any mechanical issues with the vehicle and he told me no. It also had a VA state inspection sticker that was issued that same month. Later I found that it could not have passed inspection as it was missing at least one lug nut and had other minor issues that would fail a VA inspection.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Could you explain a little more?
Did you ask the dealer about the condition of the transmission during the transaction?
How did the dealer represent the condition of the vehicle?
Customer: replied 1 year ago.
I asked the dealer specifically of any mechanical issues to which he replied there were none. I also have screen shots of the vehicle being advertised on multiple websites stating it was in "perfect mechanical condition".
Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the information:
I asked the dealer specifically of any mechanical issues to which he replied there were none. I also have screen shots of the vehicle being advertised on multiple websites stating it was in "perfect mechanical condition".
Your initial post:
I recently bought a vehicle from a dealer and entered into an "as is" contract on said vehicle. Less than 24 hours later the vehicle broke down on me and left me stranded on the side of the road. I had put less than 300 miles on the vehicle at that point. I had the vehicle towed to a repair shop that found a faulty transmission was to blame. The transmission fault was caused by a part being removed. The transmission cooler, which acts like a radiator to for the transmission fluid, was removed and bypassed thus causing excess wear on the transmission and caused it to fail. Now it is going to cost almost $5,000 to fix this vehicle. I wanted to know what course of action I could take against the dealer in order to get them to pay for the repairs. Also, am I able to make them pay for my tow truck fees ($250) and rental car fees ($120). The truck was purchased in Virginia and I currently reside in Virginia.
Optional Information:
Country relating to Question: United States
State (if USA): Virginia
What have you tried so far?: Called the dealer to discuss the issue. He told me to call back once I heard the cost from the shop. Now I am unable to reach the dealer. This happened over the course of the last two weeks.

Response: Even if you purchased the vehicle "as is," you can make a formal demand for the dealer to pay for the costs of repair, towing charges, and rental fees if the dealer made material misrepresentation during the sale. Advertising and representing a vehicle that has faulty transmission as in "perfect mechanic condition" is a material misrepresentation and fraudulent. You would not have purchased the vehicle if you knew that the transmission was bad.
If the dealer refuses to pay for the cost of repair and related expenses (towing and rental), then you would need to file Small Claims against the dealer to recover your purchase price and to take the car back.
http://www.courts.state.va.us/forms/district/civil.html
You may consider retaining the services of a local consumer Attorney to send a demand letter to the dealership and if necessary file lawsuit against the dealership for this unfair and deceptive act and practice. Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to sue the dealership for unfair and deceptive act and practice to force the dealership to pay for the repair costs and related expenses and in the alternative to refund your purchase and take the vehicle back.
You can use the following sites to find local consumer Attorneys:
http://www.consumeradvocates.org
http://www.lawyers.com
http://www.justia.com
Hello: I was preparing my answer to your question when you posted "Relist: Incomplete answer." I made information request... You need to give me time to review your additional information and formulate my response.