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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 114019
Experience:  Attorney experienced in commercial litigation.
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We bought a 92 ford truck. now it wont start. had it 2 days

Customer Question

we bought a 92 ford truck. now it wont start. had it 2 days paid 4500. for it.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FL law, the purchase of a used vehicle, without written warranty to the contrary, is considered as is. In an as is sale, the risk of hidden defect is on the buyer and not the seller. The courts use the term "caveat emptor" or "buyer beware" when dealing with an as is sale.
Even in an as is sale, there are some common law warranties that could apply. The first common law warranty is the warranty of merchantability, which requires you to prove that the seller knew at the time of sale the truck was not fit for its intended purpose. The second common law warranty is the warranty of good faith, which also requires you to prove that at the time of the sale the seller was aware of a defect and did not disclose it to you and/or concealed the defect from you.
Thus, in order to have a legal action against the seller under one of the common law warranties, you need to take the vehicle in for service and discover what the cause of the defect is and if the mechanic can determine it was a defect that has been present at the time of the sale, then you could sue the seller for breach of the warranty and hold him liable for the repair costs or to rescind the sale.