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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111592
Experience:  Attorney experienced in commercial litigation.
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I bought 2002 Ford Escape from a dealer in Portland, the SUV

Customer Question

Hello yes I bought 2002 Ford Escape from a dealer in Portland, the SUV is unsafe to drive brakes are completely bad there is an emission leak and oil leak causing fumes to build up into the SUV causing my eyes to burn and some nausea, there is a peeping going off in the dash as your driving, and there is lights out in the rear. they only attempted to repair some items and have refused the rest, what should I do?
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.
The purchase of a used vehicle is considered as is, which means the obligation is on the buyer to inspect the vehicle prior to purchase. Unless the seller gave you a written warranty for coverage, legally the seller is not liable for repair of hidden defects. However, if you can prove the seller knew of and concealed the hidden defects, then there is a common law warranty implied in every sale called the implied warranty of good faith. Also, if you show the seller knew or should have known of the defect prior to sale and did not disclose that the vehicle was not fit for its intended purpose, they have also violated the implied warranty of merchantability.
You need to give the seller written notice they are in breach of these two implied common law warranties and inform them if they refuse to make repair or refund your money, your next step will be filing a complaint with both the Attorney General's Consumer Protection Unit and also the DMV Dealer Licensing Unit for selling unsafe vehicles and you will sue for termination of the contract and a refund of your money.
If the dealer still does not repair or agree to cancel the contract, then you need to pursue your complaint and if they cannot resolve the claim, you would have to sue them for breach of the implied common law warranties.

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