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Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2446
Experience:  Knowledgeable and Experienced Attorney
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Bought a 1992 ford van from a dealer (he works out of s

Customer Question

bought a 1992 ford van from a dealer (he works out of his home) in clairmont fla. He told me it need a battery. I bought a new battery, he installed it at his home' I paid him $1400 cash got a bill of sale and drove it home. Installed new starter yesterday and it started. Today the batteryl is dead and will not even turn over. Obvious electrical problem someplace. Do I have any recourse? Jack
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 10 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear of the trouble with the van. Whether or not you have recourse, depends on the representations made at the time of sale. If the dealer represented that the car was in great shape and just needed the battery, but that turned out not to be the case because the electrical system was flawed, you have legal grounds to cancel the sale, return the van, and get a full refund. However, if the van was sold "as is," then you would not have the same options.

If you cannot reach the dealer by phone, you have his address, and can send a demand letter, and know where to serve a lawsuit, if necessary.

I hope this helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Customer: replied 10 months ago.
how do I prepare a demand letter
Customer: replied 10 months ago.
van was listed as like new
Expert:  Attorney 1 replied 10 months ago.

Since the van was listed as "like new," the listing constitutes a material misrepresentation and the law is on your side To write a demand letter, you would just set forth all the facts concerning the sale, stating the dates or approximation of dates relative to those facts, if you can. An example might be something like:

Dear xxx:

On January 1, 2016, I responded to the enclosed advertisement for the the 1999 Ford van bearing Vin number XXX X, which was purchased from you. At the time of the sale, you represented that the only thing this van needed was a battery, which I thereafter purchased and you installed. However, it turns out the electrical system is flawed and the van is useless without major repair. Since the vehicle is not as represented, you are in breach of the sales agreement and I am returning it to you with a demand for full refund of the purchase price. In the event you do not provide a full and prompt refund, I will file an action in small claims court and pursue all legal remedies available to me."

That's just an example. The idea is just to get the facts and your point across.

I hope this helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1